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Trademark

by Mike Masnick

Mon, Jun 18th 2012 11:16am




Filed Under:
andrew carter, counterfeit, the hangover, zach galifianakis

Companies:
louis vuitton, warner bros


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...

14 Comments | Leave a Comment

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

    There are hallmark quotes from The Hangover II?

     

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    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"?

     

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    •  
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      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.

       

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    •  
      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 $$$

       

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

    lol!

     

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

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

     

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  •  
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    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.

     

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    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

     

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

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

     

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  •  
    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.

     

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  •  
    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?

     

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    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.

     

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    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 ]


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