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Second Circuit Agrees: Louis Vuitton Can’t Take a Joke

By Tim Sitzmann on December 28, 2016
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If you’re still looking for holiday gift for that special someone, the Second Circuit has your back. Fresh off the docket, the Second Circuit gave its blessing to My Other Bag’s line of parody canvas tote bags. For additional background, you can read our discussion of the District Court’s grant of summary judgment to the defendant here. However, here’s the short version: My Other Bag (“MOB”) sells canvas tote bags that cost about $30 – $60. The line of bags is a parody of the “My Other Car Is a … [BMW, Mercedes, etc.]” bumper stickers and states on one side of the bag “My Other Bag…” with a cartoonish drawing of a luxury handbag on the other side (see example below). Louis Vuitton sued, claiming the bag infringed and diluted its trademarks and also infringed its copyright in the bag design. The District Court granted summary judgment to MOB and Louis Vuitton appealed to the Second Circuit.

MOB Image

 

If Louis Vuitton hoped for a more friendly reception at the Second Circuit, the oral arguments might have been a wake up call. During the oral argument, one member of the three judge panel told told Louis Vuitton’s counsel “This is a joke. I understand you don’t get the joke. But it’s a joke.” Although statements during oral argument don’t consistently predict how a court may rule, that is not the case here. On December 22, the Second Circuit issued a summary order affirming the District Court’s grant of summary judgment on all of Louis Vuitton’s claims. Perhaps this will be the end of the road for Louis Vuitton and MOB, or maybe Louis Vuitton will seek to continue the appeal. The more interesting aspect will be to see whether Louis Vuitton adjusts its aggressive approach to trademark enforcement in light of the loss.

 

Tim Sitzmann

View my professional biography

I have always considered myself to be a creative person. Full disclosure: I’m not claiming that I’ve created anything good, merely that I have created things that exist. Over the years I have made skateboarding movies, played bass and…

View my professional biography

I have always considered myself to be a creative person. Full disclosure: I’m not claiming that I’ve created anything good, merely that I have created things that exist. Over the years I have made skateboarding movies, played bass and guitar in bands, acted in plays, written and performed sketch comedy, and even acted in an independent (i.e. very low-budget) zombie movie. Unfortunately none of these ever blossomed into a career. I guess it was the classic case of being ahead of your time.

Thankfully these hobbies put me on a path to my current career as an intellectual property attorney. In fact, my first legal venture was obtaining copyrights for my band’s debut (and only) album. I had considered law school as an option but I hadn’t committed by the time I finished my undergraduate studies. To buy time I signed up for a student work visa and moved to London. Thanks to destiny, dumb luck, or both, I found a position in a law firm specializing in trademark law and brand management. It was my first exposure to the practice of law, and I quickly discovered that I had found my future career.

When I’m not in the office, I spend my time playing my guitar, obsessing over baseball (go Twins!), or talking up a band, movie, or television show that has recently impressed me.

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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