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MALLETIER v. BURLINGTON COAT FACTORY WAREHOUSE CORP.

Docket No. 04-2907-CV.

426 F.3d 532 (2005)

Louis Vuitton MALLETIER, Plaintiff-Appellant, v. BURLINGTON COAT FACTORY WAREHOUSE CORP., Defendant-Appellee, Four Seasons Handbags Company, and John Does 1-10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 12, 2005.

Attorney(s) appearing for the Case

Theodore C. Max, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (Charles A. LeGrand, of counsel), New York, NY, for Plaintiff-Appellant.

Robert S. Weisbein, Darby & Darby (Edward V. DiLello and Atul R. Singh, of counsel), New York, NY, for Defendant-Appellee.

Before: CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.

CALABRESI, Circuit Judge.

When faced with the claim that two products are confusingly similar, a person's natural reaction is to place the two products side-by-side, and then, looking back and forth at them, to ascertain how comparable the two goods are. This process of simultaneous observation is, without doubt, an efficient way of identifying similarities and differences between products. One can understand, then, why district courts would engage in such a process...

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