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Assignment:
CASE - PETIT AMIE
A manufacturer of "cologne for babies" sells a product called Petit Ami ("little friend" or "boyfriend" in French). It is used to freshen up stinky cribs. Petit Ami is sold in discount stores and drugstores at a price of $1.89 for an eight-ounce plastic bottle. The owners of Petit Ami properly register the Petit Ami trademark in the United States in 2001. In 2011, 10 years later, a small perfume company introduces a new product called "Petite Amie" ("little friend" or "girlfriend") in French, but referring to little girls only). This is sold as a prestige perfume at places like Bergdorf Goodman. It comes in a crystal bottle with a silver stopper and retails for $65 for half an ounce. When Petit Ami learns of the new product, it brings suit against Petite Amie to keep them from infringing their trademark, which was registered 10 years earlier. The lawyer for Petit Ami argues that Petit Ami and Petite Amie are too similar and since they both are used for fragrance products the names will confuse consumers. Who wins, and why?
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