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Intellectual Property Litigation

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

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.

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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).

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