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25 August 2016Copyright

Louis Vuitton makes cutting ‘crusader’ remarks in parody bag case

French fashion house Louis Vuitton has made a series of cutting remarks, including referring to a “crusading” group of professors, in its battle with California-based My Other Bag (MOB).

In a reply brief, filed on August 22 at the US Court of Appeals for the Second Circuit, Louis Vuitton criticised a ruling from e arlier this year.

Reply briefs are filed by the appealing party and address issues that were raised in opening briefs during an appeal process.

California-based MOB sells bags that on one side say “My Other Bag ...” and on the other have a Louis Vuitton design. The company also sells bags that have other luxury brands' designs on them.

In January this year, the US District Court for the Southern District of New York rejected the luxury brand’s complaint that MOB had infringed its intellectual property rights.

Louis Vuitton appealed against the ruling later that month.

In its August 22 brief, Louis Vuitton claimed that the case has “never been about any supposed ‘artistic’ activity by MOB” and added that it does not comprise “a watershed First Amendment moment that the crusading law professor amici would have the court believe”.

On August 19, a group of law professors filed an amicus brief in support of MOB.

Louis Vuitton’s filing added that the case should be reversed as it requires only the straightforward application of the Trademark Dilution Reform Act, the Lanham Act, and the Copyright Act.

The fashion house claimed that MOB’s misuse of its trademarks was not “noncommercial” or absolutely protected by the First Amendment.

“As MOB’s marketing materials showed, MOB’s goal in misappropriating the [Louis Vuitton] trademarks was to sell products as part of a commercial transaction,” the filing added.

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12 January 2017   French luxury fashion company Louis Vuitton has filed an appeal for an en banc rehearing of its trademark and copyright dispute with My Other Bag.