NYC souvenir shop claims Balenciaga copied its bag
Luxury brand Balenciaga has “copied” a design from a tote bag sold by a New York City souvenir shop, according to a copyright lawsuit filed last week.
City Merchandise filed its complaint at the US District Court for the Southern District of New York on Thursday, July 26.
The suit claimed that Balenciaga has created and sold handbags, purses, and cosmetic purses that feature “strikingly and substantially similar” designs to those owned by City.
In 2014, the souvenir shop created a design featuring the New York skyline with an “airbrushed hot pink sky” and “fanciful” lettering, the complaint explained. City said the design depicts the company’s “unique and original interpretations” of the skyline and was featured on items such as tote bags, which retailed at $19.99 each.
In February 2018, the US Copyright Office registered protection for the design (VA 2-103-817). City said that around this time it became aware of Spanish fashion brand Balenciaga’s infringing activities.
Balenciaga sells products which bear “a design that is a flagrant knock off” of City’s protected design, the suit alleged.
The complaint said the infringing design has been highlighted to the public through a number of channels, including via fashion news site Fashionista. The site “humorously chided” Balenciaga for copying the design of the tote bag on Twitter, according to the complaint.
Fashionista, which said it was not informed of the suit ahead of its filing, identified the main infringing item as Balenciaga’s ‘ Multi Coloured New York Bazar Shopper Tote Bag’.
City said the infringing products are sold at prices ranging from $500 to $2,300.
City claimed that Balenciaga’s infringing tote bag “mimics” all of the main elements of its own bag design.
The suit suggested that consumers will believe that City is the infringing party, due to the price disparity between the New York souvenir shop’s products and Balenciaga’s infringing goods.
As this causes harm to City’s reputation and business, the souvenir shop requested that the court order Balenciaga to cease its infringing activities and destroy all disputed products.
City has also asked the court for enhanced damages for Balenciaga’s wilful copyright infringement, plus profits for the infringement, and attorneys’ fees.
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