It’s been an annual tradition here at The TMCA to write about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis...more
3/26/2019
/ Attorney's Fees ,
Copyright Infringement ,
Dilution ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
The Copyright Act ,
Trademark Bullying ,
Trademark Infringement
Andy Warhol once famously commented that “In the future everybody will be world famous for fifteen minutes.” For trademarks, fifteen minutes of fame is not sufficient to assert a trademark dilution claim. ...more
Stop me if you’ve heard this one before: an OB-GYN you probably don’t know named Dr. Drai applies to register his name as a trademark and ends up in a dispute with famous rapper Dr. Dre because the rapper fears there will be...more
In January 2016 and January 2017, we blogged about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis Vuitton’s iconic...more
1/19/2018
/ Attorney's Fees ,
Copyright Infringement ,
Dilution ,
Exceptions ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
Summary Judgment ,
The Copyright Act
Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more
9/29/2017
/ Advertising ,
Brand ,
Dilution ,
Fair Use ,
False Advertising ,
Injunctive Relief ,
Nominative Fair Use Doctrine ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the...more
Last January, we blogged about a district court decision involving trademark parody in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. In that decision, the court held that defendant My Other Bag had convincingly argued...more
Can you trademark a building design? You can if the building in question is the Empire State Building. In the film classic King Kong, the iconic art deco building is the site of a titanic battle between Kong and the military...more
In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a...more