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...
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: andrew carter, counterfeit, the hangover, zach galifianakis
Companies: louis vuitton, warner bros


Reader Comments

Subscribe: RSS

View by: Time | Thread


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

    There are hallmark quotes from The Hangover II?

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jun 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"?

    link to this | view in chronology ]

    • icon
      Some Other AC (profile), 18 Jun 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.

      link to this | view in chronology ]

    • icon
      Some Other AC (profile), 18 Jun 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.

      link to this | view in chronology ]

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

      Re: Monster Cable usage

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

      link to this | view in chronology ]

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

    lol!

    link to this | view in chronology ]

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

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

    link to this | view in chronology ]

  • icon
    Brent (profile), 18 Jun 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.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jun 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

    link to this | view in chronology ]

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

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

    link to this | view in chronology ]

  • identicon
    Coyote, 18 Jun 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.

    link to this | view in chronology ]

  • identicon
    dr evil, 18 Jun 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?

    link to this | view in chronology ]

  • icon
    clinton (profile), 18 Jun 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.

    link to this | view in chronology ]

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

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

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.