Photo: Stella McCartney 2011/2012 Fall/Winter Campaign

Fashion house Stella McCartney filed a complaint for damages for unfair competition, deceptive trade practices, trade dress dilution and design patent infringement against Steve Madden Ltd., in the Southern District of New York.

According to Stella McCartney, the defendant imported, advertised, offered for sale and sold “poor quality” knock-offs tote bags which infringed trade dress and design patents of its well-known Falabella Fold over Tote handbag from the Falabella Collection of bags launched in the summer of 2009.  

Stella McCartney, the plaintiff, says that:

By selling this knock-off, which Defendant calls the BTOTALLY bag; Defendant is likely to confuse consumers into believing that Defendant’s product is Plaintiff’s product, and causes economic harm to consumers, given its shoddy quality. Further, given the likelihood of confusion, the sale of Defendant’s product harms Plaintiff’s reputation and diverts sales from Plaintiff.  

 

Left: Stella McCartney’s Falabella Chamois Fold Over Tote Right: Steven Madden’s BTOTALLY bag.  

The complaint is available at:    https://thestyleofthecase.files.wordpress.com/2015/10/stella-mccartney-v-steven-madden.pdf