Accounting/Business Law Class Ch. 08 (8) Disc 14 1. Louis Vuitton Malletier (Vui

Question

Accounting/Business Law Class

Ch. 08 (8) Disc 14

1.     Louis Vuitton Malletier (Vuitton) is a well-known manufacturer of luxury luggage, leather goods, handbags, and accessories. Vuitton has a number of trademarks that it regularly uses in connection with its products. Among them are the LOUIS VUITTON name and the LV mark. The company's products are expensively priced and sold in department stores and boutique stores. Vuitton filed a trademark infringement and trademark dilution lawsuit against Haute Diggity Dog, LLC, a firm that produced and sold, primarily through pet stores, inexpensive dog chew toys under the Chewy Vuitton brand name and various other brand names consisting of humorous versions of other companies' actual trademarks. The dog chew toys had the Chewy Vuitton name on them, along with a CV mark. Should Vuitton win its trademark infringement claim? What about its trademark dilution claim?

Explanation / Answer

VUITTON SHOULD NOT WIN ITS INFRINGEMENT CLAIM AS THE TRADEMARK OF LOUIS VUITTON AND LV MARK ARE NOT INFRINGED BY USE OF CHEWY VUITTTON NAME AND CV MARK.BOTH THE NAMES USED ARE DIFFERENT.HOWEVER HE MAY WIN THE TRADEMARK DILUTION CLAIM AS HAUTE DIGGITY DOG IS USING BRAND NAMES CONSISTING OF HUMOROUS VERSIONS OF MANY COMPANIES ACTUAL TRADEMARKS.

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