Ventura Travelware, Inc. v. Baltimore Luggage Co.

Plaintiff and defendant are well known luggage manufacturers. The complaint alleges infringement of plaintiff’s United States and New York State registered trademark and unfair competition. The mark relied on by plaintiff consists of a band or strip of extruded vinyl plastic embodying five symmetrical stripes, arranged in alternating colors of red, gold, green, gold and red, positioned on the lid wrap of its luggage. Defendant’s design and positioning are virtually identical, except that its five stripes are red, melon, charcoal, melon and red. Defendant has not registered its design.

The…