Louis Vuitton fails to stop trade mark parody bags and told to get a sense of humour
Written by Ellis Sweetenham on 11 January 2017« Return to Reading Room
Louis Vuitton, major fashion house and the owner of well established trade marks, have yet again failed to stop a parody from using their marks.
This time not only has their legal reputation taken a hit but the judge expressly told the brand to get a sense of humour.
Their claim and the reason the humour comment was made, came after they discovered My Other Bag.
My Other Bag is a company producing tote bags that make a parody of designers such as Louis Vuitton, Chanel and Fendi. On one side of the bags is a picture of the famous designer’s recognisable creations and on the other side are the words, ‘My Other Bag’.
The idea for these bags stemmed from bumper stickers popular in the USA which state ‘my other car is a Mercedes’.
Louis Vuitton didn’t see the joke and filed a claim stating the bags infringed their trade marks, infringed their copyright as well as diluting their brand.
As with ‘Chewy Luittion’, the fashion brand failed in their attempt to render My Other Bag liable.
It was held that My Other Bag was a parody of the designers work and therefore did not infringe any IP rights as it was clear there was no reference made between the two brand and the tote bags were not pretending to be part of the LV brand.
The Judge in the case criticised the fashion brand stating that it may need to consider its sense of humour when considering taking action against these parody brands.
This may deter the brand from taking any more action against products that clearly are not trying to ride on their coattails but only providing a bit of light humour to the high pressure world of fashion.
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