Marc Jacobs Sues Ed Hardy
New York designer Marc Jacobs is taking Ed Hardy and a licensee to court over a purse the designer says resembles his own 3-year-old handbag creation.
Marc Jacobs Trademarks and Marc Jacobs International sued Ed Hardy’s parent company, Nervous Tattoo Inc., in U.S. District Court in Los Angeles on Jan. 21. Also named in the lawsuit is handbag licensee The California Bag.
According to the trade dress–infringement lawsuit, Marc Jacobs contends that Ed Hardy and the licensee copied his Marc Jacobs Pretty Nylon Tote and created bags bearing the Marc Jacobs Scrambled Trademark.
Marc Jacobs said he has sold more than $10 million worth of products bearing the Marc Jacobs Scrambled Trademark, including the Marc Jacobs Pretty Nylon Totes.
Marc Jacobs believes the Ed Hardy bag has too many similar characteristics to be accidental, such as the stylized quilted fabric exterior, detailed stitching on the quilted panels, two knotted fabric handles, a vertical exterior quilted pocket, no closure mechanism, an inside zip pocket, black-and-white logo fabric lining bearing the scrambled trademark and tone-on-tone stitching.
Marc Jacobs is asking for an injunction to stop Ed Hardy and the licensee from making its nylon tote as well as monetary compensation and attorneys’ fees and costs.
Ed Hardy did not respond to requests for comment.—Deborah Belgum
