LVMH court case.


GOOD HUMOR: LVMH Moët Hennessy Louis Vuitton has lost its legal fight against spoof tote bag company My Other Bag. On Dec. 22, the United States Court of Appeals for the Second Circuit tossed out the luxury conglomerate’s appeal from a judgment of the United States District Court for New York State’s southern district.

In January 2016, Judge Jesse M. Furman had struck down the luxury conglomerate’s formal allegations of trademark dilution, violation of fair use, dilution by blurring, trademark infringement and copyright infringement. The firm first filed these claims against My Other Bag in 2014.

In its summary order, which affirmed the judgment of the district court, the Second Circuit said that “obvious differences in My Other Bag’s mimicking of Louis Vuitton’s mark, the lack of market proximity between the products at issue, and minimal, unconvincing evidence of consumer confusion compel a judgment in favor of My Other Bag on Louis Vuitton’s trademark infringement claim.”

On the trademark dilution claim, it said: “At the same time that they mimic Louis Vuitton’s designs and handbags in a way that is recognizable, they do so as a drawing on a product that is such a conscious departure from Louis Vuitton’s image of luxury — in combination with the slogan ‘My other bag’— as to convey that My Other Bag’s tote bags are not Louis Vuitton handbags.”

In its conclusion, it said Louis Vuitton’s remaining arguments were without merit.

LVMH declined comment on the appellate court’s ruling. My Other Bag said that Louis Vuitton is the only luxury brand that has challenged its products.

My Other Bag’s products are known parody handbag designs by LVMH labels, including Céline and Louis Vuitton — the illustrated, caricature-type likeness of which are superimposed onto cotton tote bags and pouches.

My Other Bag founder and chief executive officer Tara Martin launched the brand in 2012.

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