Cartier, Inc., et al v. United Vision Sales, et al



We represented Cartier, Chanel, Guess, Donna Karan, Polo / Ralph Lauren and Calvin Klein or their licensees. Defendants sold knockoff versions of plaintiffs' designer sunglasses at kiosks or carts in malls and transit terminals.

We alleged that the defendants infringed and the designers' Trademarks by encouraging and even supplying kiosk/cart advertising displays that boldly and prominently utilize the Plaintiffs’ respective trademarks for the purposes of attracting consumers by the use of such trademarks. A thin "compare to" approach was used on the packaging, but the consumer was fundamentally being attracted by the prominent use of the designers' trade names on the boxes of the merchandise. Arguably the theory of recovery here was initial interest confusion.

A satisfactory settlement was reached.

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Reference Info:Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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