Remember that RIDICULOUS case we told you all about a few months ago between Louis Vuitton and My Other Bag? Well, it turns out that the high-end fashion designer is bringing this small brand all the way to the Supreme Court.
To recap your memory, here are the details of the dispute:
In 2014, Louis Vuitton sued My Other Bag over the canvas tote bags launched by Tara Martin in 2011. After walking out of a grocery store in LA with only her Prada bag to carry her groceries, she came up with a new creative concept. She started manufacturing grocery tote bags that have photos of expensive handbags on the outside.
When the case went to the U.S. District Court in New York, the claim was tossed out early 2016. Furman also agreed with the discussed humorous nature of the product, noting that the cheap tote bags were an obvious attempt at humor that was “not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks”.
However, Louis Vuitton’s attorneys took the matter into their own hands and appealed to the federal courts as was previously discussed at the beginning of this post. They argued that the bags were clearly protected by trademark law’s parody defence.
And thus, we now find ourselves watching Louis Vuitton take this company to court over a bag that was by no means intending to be an original Louis Vuitton product.
The Fashion Law states, “Before the court would be the issue of parody, and likely, the test for determining whether an allegedly infringing use of a party’s trademarks is protected by the fair use defense. ”
What do you think? Justified or ridiculous? We’re going to have to side with the latter.
Information gathered from The Fashion Law.