* Judge finds little chance of confusion over knockoff bag
* Louis Vuitton claims harm from character’s catchphrase
By Jonathan Stempel
June 15 (Reuters) – Louis Vuitton on Friday lost its lawsuit
against the Warner Brothers studio for using a knock-off handbag
in its popular 2011 comedy “The Hangover: Part II”.
The case stemmed from a scene in which the character Alan
Garner, played by Zach Galifianakis, is shown in an airport with
a bag that looks a Louis Vuitton bag, but which the French
company said is made by Diophy, which makes products with a
design similar to Louis Vuitton’s “toile” monogram.
Louis Vuitton, part of LVMG Moet Hennessy Louis Vuitton SA
, claimed it was harmed by the misrepresentation and
the resulting confusion to customers.
It also said it was harmed in particular by a statement by
Garner to a friend, “Careful … that is a Louis Vuitton,” that
became “an oft-repeated and hallmark quote from the movie.” The
“Louis” is mispronounced as “Lewis.”
Louis Vuitton sought financial damages and a halt to further
trademark infringement.
But U.S. District Judge Andrew Carter in Manhattan found
that Warner Brothers, part of Time Warner Inc, should
not be held liable.
He said it was unlikely that many filmgoers would have
noticed that the bag, which was on screen for less than 30
seconds, was a knock-off, or that they would have thought Louis
Vuitton approved of Warner Brothers’ use of the Diophy bag.
“The likelihood of confusion is at best minimal,” Carter
wrote.
A lawyer for Louis Vuitton declined to comment on the
ruling.
According to the complaint, “The Hangover: Part II” had
grossed about $580 million worldwide at the time the case was
brought, becoming the highest-grossing “R” rated comedy ever.
The case is Louis Vuitton Mallatier SA v. Warner Brothers
Entertainment Inc, U.S. District Court, Southern District of New
York, No. 11-09436.
