WIPR survey: Readers closely split over Louis Vuitton parody rehearing
WIPR readers are closely split over whether the US Court of Appeals for the Second Circuit should agree to rehear a Louis Vuitton parody lawsuit en banc.
Earlier this month, WIPR reported that the French luxury fashion brand had filed an appeal for an en banc rehearing of its trademark and copyright dispute with My Other Bag (MOB).
In the appeal, Louis Vuitton argued that the Second Circuit had based its parody finding “solely on its subjective view” that MOB’s products were “obviously a joke”.
The suit centres on bags sold by MOB that on one side say “My Other Bag ...” and on the other have a Louis Vuitton design.
Readers answering the latest WIPR survey, which asked whether the court should grant the rehearing, were divided—with 55% stating that the court should not grant the appeal.
One reader remarked that the case was “trivial”, while another added that “just because Louis Vuitton can't understand a joke, doesn't mean that the general public can't”.
The respondent went on to say: “Nobody believes the MOB products are in any way commercially linked to Louis Vuitton and they certainly aren't taking any business away from them.”
However, some believed that the rehearing should be granted.
“There does seem like there is something wrong with the result here. To me, the bags do not convey a joke,” said one respondent.
Another reader said: “This is akin to the case of North Face v South Butt. The courts would have to determine the boundaries of parody and the dilution of a well-established mark.”
They added that the case has merit and should be re-heard en banc.
For this week’s survey we ask: Did UK Prime Minister Theresa May’s Brexit statement send a strong message that the UK will look to leave the Unified Patent Court Agreement as part of Brexit?
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