The Fashion Law: Louis Vuitton v. Warner Bros. Continues

Amdist all of the Gucci vs. Guess excitement, we almost forgot about the Louis Vuitton suit against Warner Bros. stemming from the use of fake Louis Vuitton luggage in The Hangover Part 2. Louis Vuitton means business when it comes to their trademark. Just last month, Judge P. Kevin Castel ruled in LV's favor against Hyundai in reference to a Super Bowl commercial that featured the LV logo on a basketball for about one second. The judge ruled that the Louis Vuitton Toile Monogram is virtually indistinguishable from Hyundai's stylized basketball design.?

Now, LV's legal team is citing this decision as support for the suit against Warner Bros. to move forward in a NY court. "As Judge Castel recently ruled in Louis Vuitton v. Hyundai, Louis Vuitton's 'aggressive' enforcement of its trademark rights and prompt action against those who misuse its trademarks are necessary concomitants of its exclusive rights in the brand," the LV legal team asserts in a recent court document.

Last month, Warner Bros. responded to LV's claims that it has a First Amendment right to feature trademarks and incorporate real-life references to brands without getting the consent of owners, and that its use of the LV logo was de minimis.

Louis Vuitton is standing its ground in asserting that even the "fleeting" appearance of a knock-off bag "actually had a major effect."

green book some like it hot whale shark whale shark duke university platypus platypus