[Newgy]

You cannot trademark or copyright a handbag, or other fashion design, in the United States. Your edge case doesn't exist.

[khafra]

Not legally. But with SOPA, Gucci could certainly get a website selling such handbags shut down for a long time, with a minimum of fuss or risk.

[jhancock]

http://en.wikipedia.org/wiki/Design_patent If SOPA goes through as some intend it, it won't matter if the "plaintiff" is correct or not about infringement of design or any other form of IP, there will be no plaintiff in the traditional sense, just a complaint and a web site that disappears.