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Fake (and Ugly!!!) Borrelli ties on eBay - Page 2

post #16 of 17
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Quote:
Originally Posted by bryce330
I am also an IP lawyer, and while the test is indeed whether consumers are likely to be confused, there are a number of factors to be considered, including the sophistication of the relevant consumers. In this case, the makers of "fake" Borrelli would have a reasonable argument that consumers who are in the market for $400 Borrelli shirts (i.e. the members of this forum) are sophisticated enough to immediately realize that the "fake" Borrelli ties are not produced by Luigi Borrelli, particularly given the differences between the logos.

This thread piqued my interest so I did a quick search on the PTO website - Luigi Borrelli's only trademark registration is for the mark LUIGI BORRELLI NAPOLI (although they would have common law rights in the mark BORRELLI). However, a company called Design-Italia LLC filed an application for BORRELLI HAND-STITCHED, which was refused registration based on the earlier LUIGI BORRELLI NAPOLI mark. This might be the same company that is responsible for the ties on eBay.

Interesting. Thanks for searching. So, presumably, their trademark application was refused on the basis that labeling ties (or other menswear) "Borrelli hand-stitched" may confuse consumers given that Luigi Borrelli is a well-known maker of hand-stitched mens' apparel. I am assuming that those ties are therefore infringing given the application was not granted.

In addition, I think the assumption that the relevant consumers are as sophisticated and discerning as the posters on this forum is a dangerous one in this case. While most of us here can immediately see these are not Luigi Borrelli ties, we are but a very small fraction of the overall market for these types of goods (though polo.com may disagree as they process returns in the next few days ) and many buyers of $200 ties have more money than taste and are just as likely to think: "Borrelli, hmmmm.... wasn't that the name the guy at Neiman Marcus mentioned last time? Nice tie. It even says hand-stitched so it must be good stuff... Hey honey, look at that nice Borrelli tie I got for a great price. It's hand stitched, look!"
post #17 of 17
Quote:
Originally Posted by bryce330
However, a company called Design-Italia LLC filed an application for BORRELLI HAND-STITCHED, which was refused registration based on the earlier LUIGI BORRELLI NAPOLI mark. This might be the same company that is responsible for the ties on eBay.
I'm sure it is. You know what they say about too many coincidinces?
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