Thursday, November 15, 2007

Fourth Circuit Decision Puts Louis Vuitton's Trademark Infringement/Dilution Lawsuit in the Doghouse

I’m opting today to let other blogs relay the details of the Fourth Circuit’s decision in the Louis Vuitton trademark infringement and dilution lawsuit against Haute Diggity Dog over its Chewy Vuiton dog toys. See Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, No. 06-2267 (4th Cir. November 13, 2007). Click here for the decision.

The Filewrapper Blawg has a nice write-up (link here), but even they recognize the efforts of Rebecca Tushnet’s 43(B)log postings (link here).

Conclusions: 1) a good parody, even one that becomes a recognizable mark in itself, can be a defense against both trademark infringement and dilution; and 2) a mark’s strength can actually be a weakness in the face of a good parody.