Vuitton Et Fils S.A. v. J. Young Enterprises, Inc.

The appellant, Vuitton et Fils, S.A. (appellant or Vuitton), in its complaint sought equitable and monetary relief for trademark infringement, false designation and description of origin, trademark dilution, and unfair competition. The district court granted summary judgment to defendants J. Young Enterprises, Inc., et al. (Young). The principal issue on appeal, aside from the propriety of summary judgment, is whether the fabric design which decorates luggage and related items of Vuitton is entitled to protection as a trademark or whether the design is “functional” and thus not entitled to protection. Vuitton raises several other issues regarding its claim for recovery of profits and attorneys’ fees and urges that the district court committed plain error by granting summary judgment to defendants despite the existence of genuine issues of material fact. In addition, Vuitton has filed before this court a motion for an order to show cause why Young should not be cited for civil and criminal contempt for violation of an injunction originally issued by the district court while the case at bar was before it and reinstated by this court while the instant appeal was pending. Appellees…