Design Copycat Stopped By Trade Dress Law
Edie Parker LLC v. Smolen (2016)
Edie Parker's unique handbag designs earned it accolades and wide recognition in the fashion world. Its most prominent design became a “must-have” item for high-fashion events like the Oscars. But then a vendor on social media began selling similarly designed (and cheaply made) knockoffs that put Edie Parker’s reputation at risk. And, the vendor, to attract attention, even used the client’s trademark on its hashtags!
After significant litigation, the trade dress suit ended with an injunction barring all future sales of the copied designs and a hefty damages award. It also achieved recognition of the client’s design as a valid, and protectible trade dress. We were then able to use that judgment to stop other knockoff sellers without having to resort to litigation.