Cry "Fair Use!" and Let Slip the Dogs of War
Louis Vuitton, say hello to Chewy Vuiton. That doggy chew toy is here to say, thanks to the Fourth Circuit's recent opinion in favor of Haute Diggity Dog in its trademark battle with Louis Vuitton Malletier, SA. The defendant is a little company that manufactures a line of pet chew toys and beds with names that spoof famous high-end brands, including Dog Perignon, Sniffany & Co., and Chewnel No. 5. The plaintiff is a big company that boasts one of the most famous brands in the world--LOUIS VUITTON--but, alas, no sense of humor.
Louis Vuitton Malletier sued Haute Diggity Dog (the "Dog") for trademark infringement, trademark dilution, copyright infringement and unfair competition over a $20 chew toy that was modeled on a Louis Vuitton handbag that retails for more than a thousand dollars. On cross-motions for summary judgment, the trial court ruled in favor of the Dog on all counts on fair use grounds, finding that Chewy Vuiton was a successful parody of the plaintiff's marks. By the time the case reached the appellate court, Louis Vuitton had been joined by the International Trademark Association as an amicus. It submitted a brief and participated in the oral argument.
Talk about your big dogs. Ah, but the Dog did just fine.
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