Mansur Gavriel, the company known for its bucket bags, filed a lawsuit in the Southern District of New York on March 9 against several Italian companies that it says have copied its designs. Mansur Gavriel alleges that the other companies produced bags that are nearly identical to its bucket bags after the products became popular.
Mansur Gavriel sent cease and desist letters to the other companies, but they continued to produce and sell the bags. Now Floriana Gavriel and Rachel Mansur, who designed the bucket bags, are seeking damages and calling on the companies to stop production.
The lawsuit is based on federal and common law trade dress claims. Trade dress is the overall image of a product that identifies its source and sets it apart from others. This can include the design, shape, color, size, and texture.
In the lawsuit, Mansur Gavriel says more than the bags’ shape sets them apart from competitors. They say the bags are also distinctive because of their two-piece leather construction, contrasting interior and exterior colors, minimal detailing, and draw-string closures.
The similarities between Mansur Gavriel’s bags and its competitors’ might not be enough for it to prevail in the lawsuit. The company will need to prove that a wider audience can recognize Mansur Gavriel bags because of these features. It may not be successful since the bucket bag design is not new. Mansur Gavriel’s bucket bag is based on a staple handbag design.
To be successful, the company will need to prove that Mansur Gavriel’s bags have achieved a secondary meaning in consumers’ minds that can trigger trade dress protection. That could be difficult given that Mansur Gavriel has only been selling its bucket bags for four years.
Mansur Gavriel was accused of producing knockoffs of its own in September. Designer Maryam Nassir Zaheh accused the company of copying her shoe designs. Mansur Gavriel claimed that any similarities were a coincidence and also acknowledged that the company does not own the silhouettes of the bucket bag or tote purses.
Mansur Gavriel has a section on its website where it warns customers about imitation bags. It says the best way to ensure that a product is authentic is to buy it from the company’s e-commerce and retail partners.
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