Legal Opinion

Louis Vuitton Malletier v. Burlington Coat Factory Warehouse Corp., Four Seasons Handbags Company, and John Does 1-10, Docket No. 04-2907-Cv

Court of Appeals for the Second Circuit

Decided October 12, 2005No. 532PublishedCited by 99 opinions

1Opinion of the Court

CALABRESI, Circuit Judge.

When faced with the claim that two products are confusingly similar, a person’s natural reaction is to place the two products side-by-side, and then, looking back and forth at them, to ascertain how comparable the two goods are. This process of simultaneous observation is, without doubt, an efficient way of identifying similarities and differences between products. One can understand, then, why district courts would engage in such a process as part of their resolution of trademark infringement suits under the Lanham Act, 15 U.S.C. § 1051 et seq. However, while…

2Cases cited18 opinions

  1. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  2. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  3. Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
  4. Gruner + Jahr USA Publishing v. Meredith Corp.Court of Appeals for the Second Circuit · 1993
  5. Centaur Communications, Limited v. A/s/m Communications, Inc.Court of Appeals for the Second Circuit · 1987

13 more not listed; retrieve them via the Exa API.

3Cited by99 opinions

  1. Louis Vuitton Malletier S.A. v. LY USA, Inc.Court of Appeals for the Second Circuit · 2012
  2. GoSmile, Inc. v. Dr. Jonathan Levine, DMDPCDistrict Court, S.D. New York · 2011
  3. Starbucks Corp. v. Wolfe's Borough Coffee, Inc.Court of Appeals for the Second Circuit · 2009
  4. Bryant Ex Rel. D.B. v. New York State Education DepartmentCourt of Appeals for the Second Circuit · 2012
  5. Louis Vuitton Malletier v. Dooney & Bourke, Inc., Docket No. 04-4941-CvCourt of Appeals for the Second Circuit · 2006

94 more not listed; retrieve them via the Exa API.

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