Louis Vuitton Malletier, S.A. v. My Other Bag , Inc.

Justia Dockets & Filings Second Circuit New York Southern District Louis Vuitton Malletier, S.A. v. My Other Bag , Inc.

Louis Vuitton Malletier, S.A. v. My Other Bag , Inc.

Plaintiff:	Louis Vuitton Malletier, S.A.
Defendant:	My Other Bag , Inc.
Case Number:	1:2014cv03419
Filed:	May 12, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of U.S.
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	None

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Date Filed	Document Text
January 8, 2018	Filing 176 OPINION AND ORDER re: 143 MOTION for Attorney Fees, filed by My Other Bag, Inc. As this Court's decision granting summary judgment to MOB made clear, Louis Vuitton certainly needs to learn how to take a joke. See MOB Dist. Ct. Op., 15 6 F. Supp. 3d at 446 ("In some cases...it is better to accept the implied compliment in a parody and to smile or laugh than it is to sue. This...is such a case." (citations, brackets, and internal quotation marks omitted)). Its lack of a refined sense of humor, however, is not a reason to pile on further by awarding MOB - however sympathetic its cause may be - attorney's fees and costs. Accordingly, and for the reasons stated above, MOB's motion for attorney's fees is denied. The Clerk of Court is directed to terminate Docket No. 124. (Signed by Judge Jesse M. Furman on 1/8/2018) (ras)
January 6, 2016	Filing 119 OPINION AND ORDER re: 84 MOTION to Strike Document No. 52 Declaration of Tara Martin filed by Louis Vuitton Malletier, S.A., 50 MOTION for Summary Judgment filed by My Other Bag, Inc., 101 LETTER MOTION for Conference re: 70 MOTION to Preclude Expert Testimony, 62 MOTION for Partial Summary Judgment addressed to Judge Jesse M. Furman from Sharon Calhoun dated 6/5/15 filed by Louis Vuitton Malletier, S.A., [96 ] LETTER MOTION for Conference (Oral Argument) addressed to Judge Jesse M. Furman from David S. Korzenik dated May 22, 2015 filed by My Other Bag, Inc., 70 MOTION to Preclude Expert Testimony filed by Louis Vuitton Ma lletier, S.A., 62 MOTION for Partial Summary Judgment filed by Louis Vuitton Malletier, S.A., 82 MOTION to Strike Document No. 55 Declaration of William Locander filed by Louis Vuitton Malletier, S.A.: Louis Vui tton is, by its own description, an "active[] and aggressive[]" enforcer of its trademark rights. (Louis Vuitton SOF paragraph 35). In some cases, however, it is better to "accept the implied compliment in [a] parody" and to sm ile or laugh than it is to sue. Tommy Hilfiger, 221 F. Supp. 2d at 412. This - like Haute Diggity Dog (and, arguably, Hyundai) - is such a case. 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. Accordingly, and for the reasons stated above, MOB is entitled to summary judgment on all of Louis Vuitton's claims; it follows that Louis Vuitton's own motion for partial summary judgment must be and is denied. In addition, Louis Vuitton's motions to preclude the expert testimony of William Locander (Docket No. 70) and to strike all or portions of Locander's and MOB CEO Martin's declarations (Docket Nos. 82, 84) are denied as moot, as the Court did not rely on any of the disputed submissions in resolvin g the parties' summary judgment motions. Finally, Louis Vuitton's motions for oral argument (Docket No. 96) and for a conference regarding its motion to preclude expert testimony (Docket No. 101) are also denied as moot. The Clerk of Court is directed to terminate Docket Nos. 50, 62, 70, 82, 84, 96, and 101 and to terminate this case. (Signed by Judge Jesse M. Furman on 1/6/2016) (tn)

Date Filed

Document Text

January 8, 2018

Filing 176 OPINION AND ORDER re: 143 MOTION for Attorney Fees, filed by My Other Bag, Inc. As this Court's decision granting summary judgment to MOB made clear, Louis Vuitton certainly needs to learn how to take a joke. See MOB Dist. Ct. Op., 15 6 F. Supp. 3d at 446 ("In some cases...it is better to accept the implied compliment in a parody and to smile or laugh than it is to sue. This...is such a case." (citations, brackets, and internal quotation marks omitted)). Its lack of a refined sense of humor, however, is not a reason to pile on further by awarding MOB - however sympathetic its cause may be - attorney's fees and costs. Accordingly, and for the reasons stated above, MOB's motion for attorney's fees is denied. The Clerk of Court is directed to terminate Docket No. 124. (Signed by Judge Jesse M. Furman on 1/8/2018) (ras)

January 6, 2016

Filing 119 OPINION AND ORDER re: 84 MOTION to Strike Document No. 52 Declaration of Tara Martin filed by Louis Vuitton Malletier, S.A., 50 MOTION for Summary Judgment filed by My Other Bag, Inc., 101 LETTER MOTION for Conference re: 70 MOTION to Preclude Expert Testimony, 62 MOTION for Partial Summary Judgment addressed to Judge Jesse M. Furman from Sharon Calhoun dated 6/5/15 filed by Louis Vuitton Malletier, S.A., [96 ] LETTER MOTION for Conference (Oral Argument) addressed to Judge Jesse M. Furman from David S. Korzenik dated May 22, 2015 filed by My Other Bag, Inc., 70 MOTION to Preclude Expert Testimony filed by Louis Vuitton Ma lletier, S.A., 62 MOTION for Partial Summary Judgment filed by Louis Vuitton Malletier, S.A., 82 MOTION to Strike Document No. 55 Declaration of William Locander filed by Louis Vuitton Malletier, S.A.: Louis Vui tton is, by its own description, an "active[] and aggressive[]" enforcer of its trademark rights. (Louis Vuitton SOF paragraph 35). In some cases, however, it is better to "accept the implied compliment in [a] parody" and to sm ile or laugh than it is to sue. Tommy Hilfiger, 221 F. Supp. 2d at 412. This - like Haute Diggity Dog (and, arguably, Hyundai) - is such a case. 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. Accordingly, and for the reasons stated above, MOB is entitled to summary judgment on all of Louis Vuitton's claims; it follows that Louis Vuitton's own motion for partial summary judgment must be and is denied. In addition, Louis Vuitton's motions to preclude the expert testimony of William Locander (Docket No. 70) and to strike all or portions of Locander's and MOB CEO Martin's declarations (Docket Nos. 82, 84) are denied as moot, as the Court did not rely on any of the disputed submissions in resolvin g the parties' summary judgment motions. Finally, Louis Vuitton's motions for oral argument (Docket No. 96) and for a conference regarding its motion to preclude expert testimony (Docket No. 101) are also denied as moot. The Clerk of Court is directed to terminate Docket Nos. 50, 62, 70, 82, 84, 96, and 101 and to terminate this case. (Signed by Judge Jesse M. Furman on 1/6/2016) (tn)

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Plaintiff: Louis Vuitton Malletier, S.A.
Represented By:	Owen Harris Smith
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Defendant: My Other Bag , Inc.
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