03 Aug '17, 10am

What are the Chances that the Supreme Court will Agree to Hear Louis Vuitton's Case?

What are the Chances that the Supreme Court will Agree to Hear Louis Vuitton's Case?

This time around, the Second Circuit's three-judge panel affirmed the Southern District of New York’s ruling that the inexpensive “My Other Bag” canvas totes, which bear cartoon imagery of Louis Vuitton trademarks, are, in fact, protected by the fair use defense of parody. My Other Bag’s lawyers had argued that, as parody, My Other Bag’s canvas totes are entitled to “robust protection under the First Amendment,” and therefore, shielded from Louis Vuitton’s claims of infringement. Writing for the court, Judge Gerard E. Lynch stated that “the fact that the joke on LV's luxury image is gentle, and possibly even complimentary to LV, does not preclude it from being a parody... Indeed, a parody of LV’s luxury image is the very point of MOB's plebeian product.” The jab: Judge Lynch told Louis Vuitton’s counsel in plain terms, “This is a joke. I understand you don’t get the joke. ...

Full article: http://www.thefashionlaw.com/home/what-are-the-chances-th...

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