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Intellectual PropertyFeaturesLitigationLJN NewslettersThe Intellectual Property Strategist

The Joke is in the Bag! Parody at the Federal and TTAB Levels

By Jennifer Ashton and Erin Hennessy

On Feb. 13, 2017, the eve of Valentine's Day, the Second Circuit Court of Appeals extended no love to Louis Vuitton, effectively asserting that it would not rehear the infringement suit against My Other Bag, Inc., denying the en banc request in a brief order. This follows the Second Circuit's affirmation of summary judgment in favor of My Other Bag in December 2016, holding that its brand-spoofing canvas totes didn't amount to trademark or copyright infringement or dilution of Louis Vuitton's intellectual property rights and were properly protected by the parody defense. Louis Vuitton Malletier, S.A. v My Other Bag Inc., No 16-241-cv (2d Cir, Dec. 22, 2016).

The line of reusable bags bear the “My Other Bag” moniker on one side with a printed representation of a luxury brand bag on the other — admittedly “parodying the designer bags we love, but practical enough for everyday life.” The My Other Bag tagline is a clear play on the “My other car is a …” bumper sticker gag, as noted by the district court, which juxtaposes the consumer's cheap product with the expensive designer product. The joke, however, was lost on Louis Vuitton, which has historically been vigilant about pursuing potential infringers.

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