Givenchy and BCBG in court case

French luxury house Givenchy has filed a court case against BCBG Max Azria for allegedly copying design details of its Nightingale handbag.Givenchy claims that its Nightingale Trade Dress “includes without limitation a removable strap, two

double seemed handles, a flat bottom and decorative double stitched horizontal and vertical stripes on the exterior that visually separate the bag into four distinct quadrants.”

Givenchy is going to have to show that the consuming public recognizes the trade dress as identifying the source of the purse. Givenchy claims that it has earned in excess of fifty (50) million dollars in revenue from the sale of the Nightingale handbags and that the public recognizes the trade dress.

BCBG is accused of trying to profit from Givenchy’s goodwill by selling “its knock-off ‘Rembrandt’ and other handbags that deliberately copy, line-by-line and stitch-by-stitch distinctive, non-functional elements of Givenchy’s Nightingale Trade Dress.” In addition to monetary damages, Givenchy seeks an injunction prohibiting further sales of BCBG’s handbags.

Image: Givenchy Nightingale vs BCBG