French luggage brand Louis Vuitton has had its complaint against Warner Bros. Entertainment Inc. over the use of counterfeit luggage in 'The Hangover Part II' dismissed by a federal judge in New York.
|Left: Zach Galifianakis as Alan, toting the fake Louis Vuitton luggage in The Hangover Part II Photo: WATNER BROS|
Luxury fashion giants Hermès and Burberry have recently experienced triumphs in their fight against counterfeit goods but Louis Vuitton hasn't been so lucky.
The French luggage maker has had its complaint against Warner Bros. Entertainment Inc. over the use of counterfeit luggage in The Hangover Part II dismissed by a federal judge in New York.
In the hit comedy, Zach Galifianakis's eccentric character Alan totes a Louis Vuitton-esque monogrammed duffle bag patterned with the letters LVM rather than LV, and says to his co-star: "Careful, that is a Louis Vuitton" - while mispronouncing the brand.
Vuitton pleaded with Warner Bros. not to use the fake bags produced by Diophy, a group of U.S. and Chinese companies who specialise in copies.
WWD report that Judge Carter was not convinced that the bags used in the scene caused consumer confusion, writing: "Louis Vuitton is trying to have it both ways: arguing that the Diophy bags are so similar as to create consumer confusion but at the same time so obviously dissimilar that someone watching the film would notice the slightly different symbols used on the Diophy bag."
He added that the bag only appears on screen for a few seconds and isn't the main focus of the scene. Vuitton, who were seeking profits from the film (which grossed around $580 million), triple damages and the destruction of all promotional materials which show the airport scene with the counterfeit bag, were not awarded anything.
"We are deeply disappointed in the court's decision," the French company said. "We remain committed to protecting our brand, and will remain vigilant in our efforts to prevent inappropriate and misleading use of our trademark for the benefit of our customers."
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