Louis Vuitton in one corner and Warner Bros in the other.
We reported late last year that movie studio Warner Bros had landed themselves in hot water over a ‘Lewis Vuitton’.
The smash hit movie, which grossed £367m at the box office takes a group of guys to Bangkok for a stag do. Zach Galifianakis’s character ‘Alan’ is handed a Louis Vuitton bag, a fake of course and said “Be careful, that is.. that is a Lewis Vuitton.”
Those two words could become expensive with the case taken to court last week.
The Guardian reports that Warner Bros representatives told a New York federal court that its use of a fake bag made by the Chinese-American company Diophy, which Louis Vuitton is also suing, was justified by a 1989 US court decision in which Hollywood star Ginger Rogers was denied compensation over a film about two fictional Italian cabaret performers who recreated her routines with Fred Astaire for comedy effect.
“The issues is the freedom of the author to incorporate references to real life – including references to trademarks and even to counterfeit goods – in creating the expressive work,” Warners’ lawyers said in a motion to dismiss. “The ownership of a trademark confers many rights but not the right to alter or veto such creative expression.”
Louis Vuitton is seeking compensation over the ‘Lewis Vuitton’.
We will keep you posted with the latest from the court room.
Image credit: allmoviephoto.com
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