Some say that imitation is the highest form of flattery, but fashion brands seem to take mimicry a little harder than most. The latest label to get litigious is Givenchy, who has launched a suit against BCBG Max Azria.
Givenchy claims that BCBG Max Azria’s Rembrandt handbag bears more than a passing resemblance to its own Nightingale bag. It believes that BCBG Max Azria has copied its “decorative double stitched horizontal and vertical stripes on the exterior that visually separate the bag into four distinct quadrants.”
This kind of non-functional element is protected by a legal concept called trade dress, which looks to make sure consumers don’t mistake one product for another.
I can see the similarities between the bags, but I highly doubt that any Givenchy fans would be duped into buying the Rembrandt. Nevertheless, Givenchy is seeking damages and an injunction preventing further sales of the Rembrandt and any bags with similar stitching.
Do you think Givenchy has a case here?
