Louis Vuitton Loses Bogus Trademark Lawsuit: Using Fake Handbag In Hangover II Isn't Infringement

from the get-over-it dept

Louis Vuitton is probably the biggest of the trademark bullies out there. We have a bunch of posts detailing some of Louis Vuitton's overreach. Unfortunately, just a couple months ago, it actually won in one of its more bizarre claims -- that a clearly fake basketball in a commercial damaged its trademark. LV used that win to support another ridiculous claim: that Warner Bros. using a counterfeit LV bag in its movie Hangover II itself represented trademark infringement.

Thankfully, as a number of folks have sent in, district court Judge Andrew Carter is not convinced and has dumped the case, noting (correctly) that "The likelihood of confusion is at best minimal." The judge pointed out that the bag was on-screen for less than 30 seconds and no one was likely to notice it was fake. The fact that the character in the movie (played by Zach Galifianakis) made a joke in which he pronounced Louis Vuitton as "Lewis Vuitton" is meaningless here, even though LV seemed particularly hurt by being the butt of a joke, saying it was "an oft-repeated and hallmark quote from the movie."

Now, if only we can get that ruling on the basketball overturned...


Reader Comments (rss)

(Flattened / Threaded)

  •  
    identicon
    Anonymous Coward, Jun 18th, 2012 @ 11:31am

    There are hallmark quotes from The Hangover II?

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jun 18th, 2012 @ 11:38am

    Biggest of the trademark bullies?

    Have you not heard of a little company called Monster Cable™ who believes they can control all uses of the words "monster" and "cable"?

     

    reply to this | link to this | view in chronology ]

    •  
      icon
      Some Other AC (profile), Jun 18th, 2012 @ 12:44pm

      Re:

      Hell, with Monster(priced) Cable, you just have to try to use the word "Monster" commercially and they send their hand picked batch of money sucking legal hounds after you. They even smell the thought of this and they are on you like flies on a dead carcass.

       

      reply to this | link to this | view in chronology ]

    •  
      icon
      Some Other AC (profile), Jun 18th, 2012 @ 12:44pm

      Re:

      Hell, with Monster(priced) Cable, you just have to try to use the word "Monster" commercially and they send their hand picked batch of money sucking legal hounds after you. They even smell the thought of this and they are on you like flies on a dead carcass.

       

      reply to this | link to this | view in chronology ]

    •  
      identicon
      Big Lawyer, Jun 18th, 2012 @ 1:14pm

      Re: Monster Cable usage

      This post usage of Monster Cable is in violation, and readers and posters now owe us $$$

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jun 18th, 2012 @ 11:38am

    lol!

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    jupiterkansas (profile), Jun 18th, 2012 @ 11:42am

    Considering how many things in movies are faked, they should be getting sued left and right.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    Brent (profile), Jun 18th, 2012 @ 11:42am

    Apparently the concept of brand recognition isn't fully understood by Louis Vuitton. The 'hallmark quote' containing their mispronounced brand name deepens brand recognition as those repeating the phrase (and those who hear it) still associate it with the actual brand name. If anything, it actually increases their brand recognition.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jun 18th, 2012 @ 11:46am

    fucking good job! like said, nothing but a bully, thinks that anything and everything has to be paid to him. seems like i've heard about this behaviour before

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jun 18th, 2012 @ 12:11pm

    I support anyone that sues WB, they need a taste of thier own medicine.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Coyote, Jun 18th, 2012 @ 1:13pm

    I dunno how to feel about this ruling besides disappointment. I'm disappointed that the infringement suit didn't go through.

    Mostly because I'd enjoy seeing The Hangover guys get boned in a court of law so they can never make another Hangover movie again. Bloody terrible film series.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    dr evil, Jun 18th, 2012 @ 2:50pm

    Did what they had to do

    Since some trademark holders want to sue if their real product is used without their permission, you are better off using a fake, eh?

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    clinton (profile), Jun 18th, 2012 @ 4:47pm

    Ironic that WB are using a copy of something and then getting sued, surely someone should be arrested and fined $250,000 for theft.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    ADMR (profile), Jan 28th, 2013 @ 5:20pm

    Nowadays the biggest of the trademark bullies can be Apple or Samsung

     

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This