Louis Vuitton loss against Warner Bros proves trade mark owners must choose their battles wisely
22 June 2012
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Karen Bolipata, New York
A trade mark suit brought by Louis Vuitton against Warner Bros has highlighted the importance of treading carefully when choosing a strategy to combat misuse of trade marks in artistic works
In Louis Vuitton v Warner Bros, the Southern District of New York dismissed a trade mark infringement suit the luxury designer filed against Warner Brothers, finding there was no likelihood that viewers would believe a knockoff bag featured in “The Hangover Part II” was an authentic one.
In the film, one of the characters refers to the counterfeit Diophy bag as a “Lewis Vuitton”, which the luxury designer alleged leads several consumers to believe it is genuine.
The court cited Rogers v Grimaldi, which lays out a...
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