Louis Vuitton bags symbolize a luxurious lifestyle. At the opposite end of the scale of luxury is the simple utilitarian canvas tote bag. In Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., the Second Circuit reckoned with a canvas tote bag manufacturer making a statement about luxury brands like Louis Vuitton on the side of its canvas bags. In the process, the court affirmed that parties who demonstrate fair use of another party’s mark by way of a successful parody have a valuable and enduring defense against trademark infringement, trademark dilution and copyright infringement claims.
One side of the tote bags made by My Other Bag, Inc. (“MOB’) displays the words MY OTHER BAG in big fanciful writing; the other side displays a full color depiction of a well-known luxury bag. One of MOB’s line of bags contains a picture of a well-known Louis Vuitton bag design adorned with imitations of Louis Vuitton’s trademarked icons printed directly onto the canvas bag.
According to MOB’s creator, a person carrying a My Other Bag tote is making an ironic statement that his or her “other bag” is an expensive luxury item. The statement is similar to the well-known “My Other Car is a …” bumper stickers that were popularized in the 80s.
Louis Vuitton cultivates a sense of exclusivity and luxury and routinely protects its exclusivity by asserting its intellectual property rights against others. Unsurprisingly Louis Vuitton brought suit against MOB claiming that its use of lookalike Louis Vuitton designs and insignias were an infringement of, and a dilution of, Louis Vuitton’s trademarks. More....
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