31 Dec '16, 1am

Louis Vuitton Left Holding the Bag

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark and trade dress rights or infringe its copyrights. Confused? The Second Circuit Wasn’t. On the issue of infringement, the Second Circuit said that whether it reviewed the district court’s findings as to each Polaroid factor deferentially or de novo (avoiding deciding which was corrrect), “we reach the same conclusion.” Obvious differences in MOB’s mimicking of LV’s mark, the lack of market proximity between the products at issue, and minimal and unconvincing evidence of consumer confusion compelled a judgment in favor of MOB. On the issue on dilution, the Second Circuit observed a parody must convey two simultaneous — and contradictory — messages: that i...

Full article: http://www.jdsupra.com/legalnews/louis-vuitton-left-holdi...

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