Overview:
Fashion house Coach files trademark infringement action against direct-to-consumer brand Quince. Might consumer survey evidence give one brand an edge? It’s in the bag.
Cutting Middleman Cuts Costs
Coach is a luxury brand owned by Tapestry, Inc. Coach has built its reputation over decades and is a leading global brand selling shoes, handbags, clothing, and accessories. Quince is a direct-to-consumer brand that markets its products as “high quality essentials” with “radically low prices.”
Coach filed a trademark infringement and false advertising complaint, alleging that Quince is infringing Coach’s trade dress by offering “dupes”–handbags that are “substantially indistinguishable” from Coach’s bags, but at discounted prices. Quince’s “Italian Leather Medium Convertible Satchel” is allegedly similar to Coach’s Rogue bag. In addition, Quince’s “Italian Leather Buckle Detail Shoulder Bag” is allegedly similar to Coach’s Soho Flap bag.
Coach seeks a court order to prevent Quince from selling the contested bags, recall and destroy the allegedly infringing products, and receive damages. Quince’s response is not publicly available. The complaint claims that the Quince bags create a likelihood of consumer confusion as to the source of the bags, or an endorsement by Coach.
Consumer Surveys in the Coach and Quince Case
Courts evaluate trademark infringement cases by examining any evidence of consumer confusion. Properly conducted consumer surveys can measure the level of confusion caused by a given brand, product, or trademark. In this case, surveys could help the court determine whether consumers mistakenly believe Quince’s bags come from Coach, or are affiliated with or endorsed by Coach. Coach could submit consumer survey evidence that measures whether the design of Quince’s bags misleads consumers into believing the bags are from Coach or connected to Coach. It could also submit a survey measuring any blurring of its brand’s distinctiveness due to the alleged knockoffs from Quince.
Consumer Surveys Measure More Than Luxury
Luxury brands defend their trademarks frequently in court. With the rise of designer “dupes,” more brands may end up defending their marks in high-stakes legal disputes. Litigation surveys can help either side of this kind of dispute prove its case by providing reliable evidence measuring the likelihood of consumer confusion.
If you are involved in a trademark or false advertising dispute and require reliable survey research, contact MMR Strategy Group, an IMS Legal Strategies company.