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Ladies and gentlemen of the jury, we'd like to call your attention to the bag on the left, a pink nylon tote distinctive for the scrambled "Marc Jacobs" logo on its inside lining—a logo which is currently awaiting a trademark. Now, we'd like you to take a look at the bag on the right, which looks a lot like the Marc Jacobs bag except that it's teal and covered with fish. According to the lawsuit Marc Jacobs has brought against the second bag's designer, Ed Hardy, bag #2 unlawfully imitates bag #1's trade dress and "unlawfully bear[s] marks confusingly similar to the Marc Jacobs Scrambled Trademark.” Also, both of them look like diaper bags, although we suppose that's neither here nor there.
· Marc Jacobs Sues Christian Audigier’s Company For Trade Dress and Trademark Infringement [IP Trademark Attorney]