Parody Bag Safe from Louis Vuitton

Jan 12, 2017 Phoenix, AZ

Designer Tara Martin launched the “My Other Bag” handbag line in 2011. Her canvas tote bags say “My Other Bag…” on one side, and the other side contains a drawing or image of a high-end designer handbag, such as Louis Vuitton. The My Other Bag totes typically are priced between $35.00 and $55.00. Evidently, the tote bag is a play on the well-known “My other car is…” bumper stickers, often affixed to outdated, economy or jalopy vehicles and insinuate that the driver’s other car is a luxury vehicle such as Mercedes or Ferrari.

In 2014, Louis Vuitton sued My Other Bag for, among other claims, copyright and trademark infringement. It is understandable that Louis Vuitton aggressively protects its intellectual property; however, in this case, My Other Bag successfully defended against the lawsuit, winning summary judgment on all of Louis Vuitton’s claims. In January 2016, the federal judge in the Southern District of New York dismissed Louis Vuitton’s claims, noting, “MOB’s use of Louis Vuitton’s marks in service of what is an obvious attempt at humor is not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks; if anything, it is likely only to reinforce and enhance the distinctiveness and notoriety of the famous brand.” The judge further noted that the tote bags were an obvious attempt at humor and not likely to cause consumer confusion or to blur the distinctiveness of Louis Vuitton’s marks. In fact, the judge pointed out that if anything, the cheap tote bags would likely reinforce and enhance the distinctiveness and notoriety of the famous brand.

Louis Vuitton refused to take no for an answer. After the district court’s ruling, it filed an appeal with the Second Circuit Court of Appeals. Last month, the Second Circuit again tossed out the lawsuit against My Other Bag. The Court affirmed the previous ruling that My Other Bag’s canvas totes decorated with cartoon imagery of high-end designer handbags were protected by the parody defense. The court reiterated that while the cheap tote bags mimic Louis Vuitton’s designs and handbags in a recognizable way, they do so by presenting drawings that emphasize a “conscious departure” from the Louis Vuitton’s image of luxury (along with the phrase “My Other Bag is…”) and therefore convey that the tote bags are indeed not Louis Vuitton bags.

Another aspect to this lawsuit has been the fight for protection of free speech. My Other Bag asserted that Louis Vuitton through its financial resources and superiority over small businesses had the ability to “smother” free expression, particularly speech and commentary that was joking and parodic in nature. Additionally, ten respected law professors filed an amicus brief warning that an overreach of trademark law would pose serious risks for creative expression. The Second Circuit Court ultimately agreed with the January ruling that sometimes it is “better to accept the implied compliment in a parody and to smile or laugh than it is to sue.” The parody defense remains strong and intact.

This is not the first time Louis Vuitton has lost a trademark case on the parody defense. In 2007, the company lost its bid to sue a pet toy company Haute Diggity Dog LLC over its “Chewy Vuitton” line.

If you believe you have a product (or an idea for a product) that parodies another’s trademark or copyright, you should consult with an attorney to determine whether you have infringed on another’s intellectual property or whether your product constitutes a permissible “parody.”

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Parody Bag Safe from Louis Vuitton

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