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[Vman]

We sell handbags that look similar to Louis Vuitton but are not LV bags. The lawyers from Louis Vuitton told us we were infringing on Louis Vuitton for selling them

What I don't understand is that the bags we sell are manufactured by a company who have a copyright on their design and are totally legal to sell. Is the fact that they look somewhat similar to LV infringement. If it were infringement why would this company have been awarded a copyright in the first place.

I feel these lawyers are just trying to push a small guy around here. I am sure they don't even like the idea that they look similar. The fact that I have copyright info on this company and items should protect me.

Any thoughts ?

[tabberone]

Why don't you have the lawyers for the company who sold you the bags do battle with the lawyers for LV?  After all it is their intellectual property they are defending.  The company could have a copyright and still be infringing.  

In my opinion LV should be going after the manufacturer rather than you as a seller.

I know that Hermes is going after a purse manaufacturer who has a similar lock style on their purse.

And there are a lot of knockoffs out there.  I didn't know you could copyright a purse design.

[M. Arthur Auslander]

It is the image that can be registered not the purse.

[Vman]

tabberone, that is a super idea. I think I will see if I can contact them. These particular bags are openly sold in department stores and I really feel they are just putting pressure on me.

But in the long run I don't want to be liable. If I buy a product that has a copyright doesn't that protect me ?

If not anyone anywhere can be dragged to court for something they thought was legal.

[M. Arthur Auslander]

I don't think so if it is counterfit (sp?)

[Vman]

But thats what I am trying to say, they are not counterfeit. They are a brand that happens to look similar. They bare a company lable which is copyrighted and sold openly to many retail stores. In fact they have been selling for years now.

[larkas]

Despite the fact this thread is in the copyright forum, don't forget that there are other forms of intellectual property that may be protecting the purse.

Assunming this is the United States, you may (without knowing the details and please do not post them here) have an infringement problem with LV's design patents or trademarks.

If as you describe the bags look so similar that consumers will be confused, you may have trademark issues. It doesn't matter if the design is copyrighted, if trademark infringement would ensue. Any original, work of authorship  (including the same design independently created by two parties) is entitled to copyright protection. However, since only one party (and their licensees) may have a partiular trademark in the same class of goods or services (if a servicemark), independent creation is not a defense to trademark infringement.

[Vman]

Larkas, kind of lost me there.

I guess what I am asking is this, if there are problems with these bags who is responsible, my company who is selling them retail or the company that manufactures them.

I have called them and they claim that they are not a problem and are openly sold without problem. They have sent me paperwork with all the tradmarks and copyrights and photos of all the bags they make.

I just want to make sure, not looking to break any laws.

I do know someone else who had the same problem recently. They told me that the law firm backed off when they called their bluff. I assume that is because the law firm knew they didn't have a case.

By the way, the bags look similar but not enough to confuse anyone. In fact I think you would have to be a complete moron to confuse them.

[M. Arthur Auslander]

There is a chain of responsibility and while you continue to sell you are in that chain.