Authoritative Fashion

Louis Vuitton says Penn Law symposium poster infringes its trademarks

Mon, 19 Mar 2012 19:16:00 -0400

Oh the irony. Some feel this is trivial and that Louis Vuitton is bullying the little guy. However, brand protection is no small matter.

The trademark enforcers at Louis Vuitton Malletier S.A. are in a dustup with the University of Pennsylvania Law School over the school’s use of Vuitton marks on an invitation and poster for a March 20 fashion law symposium.

On Feb. 29, Michael Pantalony, Louis Vuitton’s director of civil enforcement for North America, penned a letter to the law school’s dean, Michael Fitts, about the issue.

Pantalony wrote that he was “dismayed” to learn that a school student organization, the Penn Intellectual Property Group, had “misappropriated and modified” the company’s trademarks in its “toile monogram.” The monogram is made up of the initials LV and three trademarked design elements. These three elements are on the school’s invitation and poster: a circle with four-leaf flower inset and a curved beige diamond with a four-point star inset and the negative of the diamond design. Instead of LV, the poster uses the initials TM, with the T slightly above and on top of the M.

Pantalony wrote that the egregious action is a “serious willful infringement” that knowingly dilutes the company’s trademarks and may mislead others into thinking such actions are fair use: “People seeing the invitation/poster may believe that Louis Vuitton either sponsored the seminar or was otherwise involved, and approved the misuse of its trademarks in the manner. I would have thought the Penn Intellectual Property Group, and its faculty advisors, would understand the basics of intellectual property law and know better than to infringe and dilute the famous trademarks of fashion brands, including the LV Trademarks, for a symposium on fashion law.”

The letter demanded that the school take immediate steps to stop using the invitation/poster and to contact Pantalony within five days “to assure me that steps have been taken to avoid confusion and dilution of the LV trademarks.”

On March 2, Robert Firestone, the University of Pennsylvania’s associate general counsel, wrote back to Pantalony. Firestone said that the student group, which he identified as the Pennsylvania Intellectual Property Group, does not believe that the poster and invitation infringe or dilute the company’s trademarks.

He quoted a section of the U.S. trademark code that “expressly protects a noncommercial use of a mark and a parody from any claim for dilution.” He also asserted that there’s no likelihood of confusion that the company sponsored or is associated with the symposium.

Firestone wrote that, in order to infringe the company’s trademarks under the Lanham Act, the school would have to be using them in interstate commerce in a way likely to cause confusion between “Louis Vuitton’s luxury apparel goods and [the student group’s] educational conference among the relevant audience.”

“It is artwork on a poster to supplement text, designed to evoke some of the very issues to be discussed at the conference, including the importance of intellectual property rights to fashion companies, the controversy over the proposed Innovative Design Protection and Piracy Prevention Act, and the exceptions in the law to liability for dilution, including parody,” Firestone wrote.

Firestone further wrote that he would advise the student group that it could continue to use the posters and invitations.

He closed the letter by inviting Pantalony to attend the event: “The students have invited some of the in-house counsel from some of your peer fashion companies to speak on the panels, and I am sure the students would welcome your attendance as well.”

Firestone declined to comment. Pantalony did not respond to a request for comment. Louis Vuitton spokesperson Ruth Pachman said the company has no comment beyond its letter to the law school.

Mark Schonfeld, a partner at Boston-based Burns & Levinson, whose practice includes trademark law and fashion matters, said, “I would have thought that Penn Law School, which is one of the finest law schools in the country, would have known better than to engage in unauthorized use of one of the world’s most famous trademarks.” Schonfeld occasionally represents Louis Vuitton, but isn’t involved in this matter.

Schonfeld also said he wonders whether the school used Louis Vuitton’s trademarks “in order to provoke a situation which could lead to more public discussion regarding the issues at the conference.”

“Brand owners have to approach parody situations like this one very carefully,” said Julia Huston, who chairs the trademark and copyright practice at Boston’s Foley Hoag. Huston likewise is not involved in the dispute. “Brand owners can also be creative in the relief that they seek, and ask for something short of a complete cease and desist if it appears that the other party has a colorable parody defense and acted in good faith,” Huston said.

The university’s response was appropriate, said Andrew Berger an intellectual property counsel to New York-based Tannenbaum Helpern Syracuse & Hirschtritt, who also isn’t involved in the matter. “This looks to be a fair use of the poster,” Berger said. “I can’t imagine that consumers would be confused by its use.”

Sheri Qualters can be contacted at squalters@alm.com.

Louis Vuitton says Penn Law symposium poster infringes its trademarks

Sun, 18 Mar 2012 23:01:58 -0400

Louis Vuitton says Penn Law symposium poster infringes its trademarks

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Louis Vuitton Sues Warner Bros For Using Fake Bag In Hangover II

Thu, 12 Jan 2012 20:56:00 -0500

By Jeff Roberts
Paid content.org

A studio that has been a champion of stopping piracy is now facing awkward accusations that it showed counterfeit luggage in a hit movie.

In a complaint filed Thursday in Manhattan, luxury goods maker Louis Vuitton accused Warner Bros of ignoring its instructions not to use a fake handbag in an airport scene in the Hangover II. In the scene, Alan (played by Zach Galifianakis) carries luggage marked LVM and warns another character “Careful, that is.. that is a Louis

According to the complaint, the item in question is not in fact a Louis Vuitton but was instead made by a Chinese American firm called Diophy. Louis Vuitton is currently suing Diophy before the International Trade Commission in the hopes of getting its knock-off products banned from the United States.

Louis Vuitton says that Alan’s “Careful, that’s a Louis Vuitton” line been become a popular catchphrase and that the movie has produced consumer confusion. Its lawsuit also claims that there has been gossip and Internet buzz about whether or not Alan’s bag is real. Louis Vuitton has long been an obsession of sorts with certain celebrities and fashionistas.

You can see a shot of Alan and his “Louis Vuitton” luggage here at the Clothes On Film blog.

The luxury brand also claims that Warner Bros caused further harm by refusing to edit the bag scene before it released the movie on DVD.

This is not the first time that the studio has been tangled up in intellectual property issues with Hangover II. In June, it settled a copyright suit brought by a tattoo artist who claimed that it had used a Mike Tyson body design without permission.

If the Louis Vuitton allegations are true, they may prove a huge embarrassment for Warner Bros which has been part of a full-court press in Washington this month to pass a controversial law called SOPA (Stop Online Piracy Act).

The handbag maker is asking the court to grant an order to destroy all copies of the Hangover II and promotional materials that contain the airport scene with the fake bag. Louis Vuitton also wants profits from the film and triple damages.

It’s possible, of course, that the lawsuit is simply a publicity stunt to draw attention to piracy. If so, it’s working.

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