News & Analysis as of

Parody

Being your Best Brand: A Lesson from the Luxury Market

by Womble Bond Dickinson on

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

by Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

by Kelley Drye & Warren LLP on

It’s not quite what Dr. Seuss envisioned: Kind-hearted and cheerful Cindy-Lou Who from the childhood classic “The Grinch That Stole Christmas” becomes a cynical adult who was thrown in prison after murdering her abusive...more

An Iowa Rivalry Mixes Football, Farming, and Trademark Disputes

It sure feels like fall already. Apart from the fifty degree walk with my dog this morning, we’re now entering the second week of college football. Regular readers might have noticed that our blog has a couple of Iowa Hawkeye...more

The Grinch that stole fair use?

by Thompson Coburn LLP on

Since the Supreme Court’s 1994 Campbell v. Acuff-Rose Music landmark decision, courts have expanded fair use protection. While not a license to take liberally from another work, the fair use test has often tilted in favor of...more

Titleist Trademark Tarnishment?

During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is...more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

First Amendment Implications of Nomination of Judge Neil Gorsuch for Supreme Court

by Jackson Walker on

While President Trump’s Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit is expected to face withering scrutiny over the politically incendiary topics of abortion and gun rights, Jackson Walker attorney Shannon...more

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

by Knobbe Martens on

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

The Second Circuit Gets the Joke - Affirms Dismissal of Trademark Parody Lawsuit

by Dorsey & Whitney LLP on

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

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark...more

Louis Vuitton Loses Lawsuit Against Maker of Parody Tote Bags

by Reed Smith on

Parody consumer-goods brands and fans of tongue-in-cheek humor have reason to be relieved after a federal court of appeals affirmed a grant of summary judgment against luxury handbag maker Louis Vuitton Malletier, S.A....more

Second Circuit Agrees: Louis Vuitton Can’t Take a Joke

by Winthrop & Weinstine, P.A. on

If you’re still looking for holiday gift for that special someone, the Second Circuit has your back. Fresh off the docket, the Second Circuit gave its blessing to My Other Bag’s line of parody canvas tote bags. For additional...more

Litigation Alert: In Louis Vuitton Trademark Suit, Second Circuit Says Parody Prevails Even if Brand Owner Doesn’t “Get” the Joke

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more

Nihilist Arby’s: We Have The Tweets

I recently came across this new piece of merchandise available for sale online...more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

by Dorsey & Whitney LLP on

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a...more

Can Starbucks Tolerate Cannabis Parody?

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle...more

Law à la Mode: 10 tips when licensing a brand; a new provision for trademark parody; and more INTA Special

by DLA Piper on

The French editorial team is delighted to bring you this special edition of Law à la Mode, marking the 138th INTA Annual Meeting in Orlando. The focus for this special edition is the European Union trademark reform,...more

Law à la Mode: A new provision for trademark parody - is it a joke?

by DLA Piper on

A number of fashion players base their business on the very thin line running between tribute and misappropriation. In this context, it is difficult to understand how quotations of wellknown fashion trademarks made with...more

Media lawyers: Böhmermann could become a case for the Constitutional Court

by DLA Piper on

What is satire, what is a criminal offence? With his Erdogan poem, Jan Böhmermann is walking a very fine line. For legal professionals, the case raises issues that may need to be clarified by the Supreme Court....more

Do You Have To Accommodate An Employee Who Worships The Flying Spaghetti Monster?

by Fisher Phillips on

Employers are generally aware of their duty to accommodate an employee’s religious beliefs. Whether that means rearranging work schedules, permitting modifications to dress codes, permitting prayer breaks, or any number of...more

Trademark Review | February 2016

by Knobbe Martens on

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Energizer Bunny to Drain Duracell’s Battery?

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how...more

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its...more

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