Parfums Givenchy, Inc. v. Drug Emporium, Inc.

I. INTRODUCTION

Drug Emporium, Inc. appeals a permanent injunction granted by the district court on summary judgment in Parfums Givenchy, Inc.’s (“Givenchy USA’s”) action for copyright infringement under 17 U.S.C. § 602 (a). Givenchy USA owns the United States copyright to the box design of Amarige perfume. Givenchy USA brought the instant action after its representatives purchased a bottle of Amarige perfume, in the original copyrighted packaging, from a discount retail store owned by Drug Emporium. The permanent injunction restrains Drug Emporium from continuing to sell or market the copyrighted Amarige box design in the United States. We have jurisdiction over the appeal under 28 U.S.C. § 1291 . We affirm.

II. FACTS

The facts are not in dispute. This case concerns the importation and sale of Amar-ige, a perfume that is produced in France by Parfums Givenchy, S.A. (“Givenchy France”). Amarige is marketed in distinctively decorated individual boxes designed by employees of Givenchy France. Givenchy France began importing Amarige to the United States in early 1992, and shortly thereafter sold its United States copyright interests in the Amarige box design to appellee, Givenchy…