Little Trees and Balenciaga suit brought to an end
The company behind the Little Trees brand of air fresheners and fashion company Balenciaga have agreed to dismiss their dispute, one month after taking part in mediation.
Yesterday, March 19, Car-Freshner Corporation and Balenciaga filed a stipulation of dismissal with prejudice, effectively ending five-months of litigation.
The litigation began in October last year, when Car-Freshner accused Balenciaga, which was originally a Spanish brand but is now based in Paris, of selling tree-shaped keychains “that are deliberately designed to replicate” the trade dress of the Little Trees design.
Car-Freshner’s disposable air fresheners, which are marketed for use in vehicles, are shaped like trees in a range of different colours and scents.
Julius Sämann Ltd, which is associated with the late German chemist of the same name who invented Little Trees in 1952, is also listed as a plaintiff. The company owns trademarks and designs covering Little Trees, for goods including air fresheners, toys, luggage tags and key rings.
The Balenciaga keychains were reportedly being sold in-store and via the brand’s e-commerce site for $228. The keychains now appear to be sold out online.
And, according to Car-Freshner, the Balenciaga keychains were available in the specific colours associated with some of the most popular scents (namely Green Apple, Black Ice, Summer Linen and Watermelon).
Given that Little Trees products are now “staples of American culture, familiar to millions of consumers who encounter these products”, consumers were likely to be misled over the source of Balenciaga’s key rings, added the plaintiff.
“Such conduct is wilful and intentional and betrays reckless disregard for plaintiffs’ trademark rights,” said Car-Freshner at the time.
In response, Balenciaga denied all allegations and said that Car-Freshner’s claims were barred because one or more of its marks and registrations are invalid as being functional,
Balenciaga cited US utility patent number 3,065,915, which “among other things describes the utilitarian purposes of the tree shape of plaintiffs’ product” to support its argument.
The brand also claimed that Car-Freshner’s design was generic and doesn’t function as a trademark.
In December last year, District Judge Valerie Caproni referred the case for mediation. A session was held in early February, just one month before the parties filed their stipulation of dismissal.
The district court has yet to order the case be dismissed.
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