Docket No. 04-4941-CV.

454 F.3d 108 (2006)

LOUIS VUITTON MALLETIER, Plaintiff-Appellant, v. DOONEY & BOURKE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 2006.

Attorney(s) appearing for the Case

Robert E. Shapiro, Chicago, IL (Peter J. Barack, Wendi E. Sloane, Shermin Izadpanah, Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP, Chicago, IL; Theodore C. Max, Charles A. LeGrand, Mintz Levin Cohn Ferris Glovsky and Popeo PC, New York, NY, of counsel), for Plaintiff-Appellant.

Douglas D. Broadwater, New York, N.Y. (Roger G. Brooks, Cravath, Swaine & Moore LLP, New York, NY; Thomas J. McAndrew, Thomas J. McAndrew & Associates, Providence, RI, of counsel), for Defendant-Appellee.

Before CARDAMONE, McLAUGHLIN, and POOLER, Circuit Judges.

CARDAMONE, Circuit Judge.

Louis Vuitton Malletier (Vuitton or plaintiff) appeals from an August 27, 2004 judgment of the United States District Court for the Southern District of New York (Scheindlin, J.) that denied plaintiff's motion for a preliminary injunction in its trademark infringement suit against defendant Dooney & Bourke, Inc. (Dooney & Bourke or defendant).

We deal on this appeal with the trademark of a trendy luxury women's handbag, a...

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