Can you name that designer? Believe it or not these bags are made by different designers, and both black handbags were sold online and in stores this past summer. One retailed for $825.00 while the other for only $24.80. If you guessed Phillip Lim's "Pasheli-Medium Shark Embossed Leather Satchel" is pictured on the top, then you guessed correctly! Forever 21's black "Mini Crossbody Trapeze Bag" is pictured on the bottom, retailing for as low as $24.80. Forever 21 has since pulled the bag from its online website.
Phillip Lim seems like it may have had a good case for trade dress infringement. Under the Landham Act, trade dress infringement is protected. What exactly is trade dress? Trade dress is the design and shape of the materials in which the product is packaged. Trade dress has been asserted by designers in several cases, but more specifically it has been asserted in a case between Marc Jacobs and Christian Audigier. Marc Jacob claimed its "Pretty Nylon" tote bag's size, shape, color or color combinations, product design, texture, and the selection and arrangement of materials were protected under trade dress. Addtional claims were made in this case.
**Please note, the image has been created using the InstaFrame App., but the original photos are from the following websites:
Top: hereBottom: This item has been removed from Forever 21's website.