Louis Vuitton Case Against Warner Bros. Continues

The legal team at Louis Vuitton has proven itself to be one determined force, with absolutely no sense of humor when it comes to protecting the company's intellectual property. Whether it's setting law students straight over a flyer for a fashion law symposium containing a fake version of the LV logo or going after a major motion picture studio for a movie scene mocking counterfeit Louis Vuitton bags, it's clear that the company's trademark radar can pick up even the mildest infringement. 

Last year, Louis Vuitton filed a lawsuit against Warner Bros. over knockoff handbangs that appeared in the film Hangover Part II. In the scene, Zach Galifianakis's character carries a bag marked LVM and admonishes another character to "Be careful, that is … that is a Lewis Vuitton." To view a clip of the scene, click here. The French fashion house sued the studio, alleging that the scene harmed its brand by infringing its marks and creating consumer confusion.

For our lawyer readers, Warner Bros. relied on Rogers v. Grimaldi to support their argument, a case precedent involving the use of trademarks in expressive works like films which provides an exception when they are not used for publicity value, but instead have genuine relevance to the film's story. U.S. District Court Judge Andrew Carter found that the film's use of the LV trademark satisfied the Rogers test and dismissed the case last month, stating in the court opinion that Louis Vuitton's allegations of confusion are "not plausible, let alone particularly compelling."

On Tuesday, Louis Vuitton filed an appeal. It's unclear whether the company is seeking the same damages, which in the original suit included the film’s profits of $580 million, triple damages, and destruction of all movie and promotional material that included the airport scene. One thing is pretty clear- while Judge Carter may have found the case to be a laughing matter, Louis Vuitton has not. We will be sure to keep you posted on the progress of this case.