Louis Vuitton Malletier S.A., Plaintiff-Appellant, v. Haute Diggity Dog, LLC; Victoria D.N. Dauernheim; Woofies, LLC, d/b/a Woofie’s Pet Boutique, Defendant-Appellees. International Trademark Association, Amicus Supporting Appellant (2007)
No. 06-2267
NATURE OF THE CASE
Louis Vuitton Malletier S.A., a luxury brand manufacturer of handbags, luggage, etc. filed suit against Haute Diggity Dog, LLC, a manufacturer of pet products, for allegedly infringing on its trademark. Louis Vuitton claims Haute Diggity Dog’s imitation of its luxury products include the designs of handbags, which Haute Diggity Dog labels “Chewy Vuiton”. The District Court concluded the toys were successful parodies of the luxury manufacturer LVM, and ruled in favor of Haute Diggity Dog affirming the products would not likely be confused for LVM, hence there was no infringement on the copyright.
FACTS
Louis Vuitton Malletier created a version of the Monogram Canvas mark that was distinctly colored and included the LVM logo. For this, LVM secured a copyright in 2002 and created another design including a canvas of repetitions of the LV markings with smiling cherries on a brown background. Louis
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See Hormel Foods, 73 F.3d at 507. IV. The judged concurred that as the markings were similar in some aspects, a parody consists of equal dissimilarities, which Haute Diggity Dog did successfully. I agree with this ruling as Louis Vuitton’s intellectual property was not stolen and it did not prove there would likely be confusion by a consumer due to branding or other visual similarities (Copyright Law, n.d.). The burden of proof for LVM was to proof copyright infringement in the use of their valid and protectable mark. 15 U.S.C. § 1114(1)(a). This was not proven, and therefore, ruling was found in favor of Hot Diggity
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Ling Nan ZHENG, Ren Zhu Yang, Yun Zhen Huang, Wen Qin Lin, Sai Bing Wang, Ye Biao Yang, Cui Zhen Lin, Rong Yun Zheng, Hui Fang Lin, Xiu Ying Zheng, Jin Ping Lin, Hui Ming Dong, Yu Bing Luo, Sau Chi Kwok, Sai Xian Tang, Yi Zhen Lin, Rui Fang Zhang, Mei Juan Yu, Mei Ying Li, Qin Fang Qiu, Yi Mei Lin, Mei Zhu Dong, Fung Lam, Xiu Zhu Ye, Sing Kei Lam, and Xue Jin Lin, Plaintiffs-Appellants, v. LIBERTY APPAREL COMPANY INC., Albert Nigri, and Hagai Laniado, Defendants-Cross-Claimants-Appellees, Ngon Fong Yuen, 88 Fashion Inc., Top Five Sportswear, Inc., S.P.R. Sportswear, Inc. and 91 Fashion, Inc., Defendants, Lai Huen Yam, a/k/a Steven Yam, 998 Fashions, Inc. and 103 Fashion Inc.,
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Louis XIV had a passion for glory and used it to fight four wars because he was motivated by personal and dynastic considerations.
LVMH, known as Moët Hennessy • Louis Vuitton, is a French conglomerate and the largest producer of luxury goods in the world. LVMH was formed in 1987 with the merger of Moet et Chandon a champagne manufacturer, Hennessy a cognac manufacturer, and Louis Vuitton a fashion house.
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Burberry Group plc (Burberry) is into the global luxury sector. It works in the designing, marketing and sourcing of outerwear, women’s wear, men’s wear, non-apparel and children’s wear categories. It distributes through a diversified network of retail, wholesale and licensing channels worldwide. The company operates its business in three ways by region, by product and by channel. Burberry distributes its products in Europe, Spain, Americas and Asia Pacific through retail and wholesale channels and with selective license arrangements. In addition, it licenses third parties to manufacture and distribute products using the Burberry trademarks. It categorizes
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