Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.
Designer Discounter Infringes Trademark and Goes Unpunished: A Look at Gucci America, Inc. v. Daffy’s, Inc. and The Lanham Act,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol11/iss2/5