There are bags And there are Bags.
Remember my earlier post about Louis Vuitton’s dedication to protecting their brand making them very litigious? I’m a regular reader of The Fashion Law blog. (www.thefashionlaw.com.) I was very interested to read the June 11 post about Louis Vuitton’s newest lawsuit. This time LV is after My Other Bag (MOB).
I was particularly intrigued since the first time I glimpsed these bags was in Central Park, and after the first sighting I saw these bags toted all around town. I admired them, frankly. So I Googled them. I liked the back-story. Here’s the site: http://www.myotherbag.comso you can read for
yourself. To summarize, the woman behind the bag found herself in need of a grocery bag because plastic bags are banned in the California city where she lives. Inspired, she designed a line of canvas tote bags imprinting popular designer bag images onto the canvas. All the art,
printing, sewing, and shipping are done in the LA Fashion District – an all American effort. Her bags beside the authentic bags:
I was particularly intrigued since the first time I glimpsed these bags was in Central Park, and after the first sighting I saw these bags toted all around town. I admired them, frankly. So I Googled them. I liked the back-story. Here’s the site: http://www.myotherbag.comso you can read for
yourself. To summarize, the woman behind the bag found herself in need of a grocery bag because plastic bags are banned in the California city where she lives. Inspired, she designed a line of canvas tote bags imprinting popular designer bag images onto the canvas. All the art,
printing, sewing, and shipping are done in the LA Fashion District – an all American effort. Her bags beside the authentic bags:
My Other Bag is now a Defendant. Louis Vuitton is suing her and her company for trademark infringement. It would seem that she did not enter into a licensing agreement to use the LV image or otherwise obtain permission to use the LV likeness. I note that the images on the MOB canvas totes do not use the“logo” or a designer name. The LV pictured is referenced on the MOB website as “London-Tonal Brown.” The McQueen look-alike is referenced as “Elizabeth-Union Jack” and the Celine, “Madison-Black/White/Tan.” The Fashion Law blog reports that MOB rebuffed LV’s pre-litigation settlement efforts. Now, LV is seeking an order requiring MOB to pull off of the infringing bags from the marketplace, destroy all the infringing products, and pay damages.
This action should produce a controversy. Are MOB’s designs different than what Forever 21
or other fast fashion merchants do when they totally rip off a designer’s garment or textile? What of the fact that even high-end designers copy each other? How many variations are there by nearly every brand of the Jimmy Choo shoes popularized by Kate Middleton.
<------------ Aka, these.
Or, that high profile brands copy trending designer looks and install the lookalike in their own collection?
For instance, in handbags, it’s all about Celine these days:
This action should produce a controversy. Are MOB’s designs different than what Forever 21
or other fast fashion merchants do when they totally rip off a designer’s garment or textile? What of the fact that even high-end designers copy each other? How many variations are there by nearly every brand of the Jimmy Choo shoes popularized by Kate Middleton.
<------------ Aka, these.
Or, that high profile brands copy trending designer looks and install the lookalike in their own collection?
For instance, in handbags, it’s all about Celine these days:
I feel like there is much to like about MOB, especially the commitment to use and promote USA
manufactured goods. Louis Vuitton is a French company and manufactures outside of the US. I don’t think any consumer on earth could be confused enough to think a canvas bag with a screen
imprint of a LV bag is the real thing. But a consumer could reasonably believe that the print was sanctioned by LV. Marketplace dilution is a serious concern for a brand trying to protect its signature look, like the iconic Louis Vuitton “Damier Ebene” pattern copied by MOB (the light & dark checkered pattern, pictured above). If a brand does not zealously protect its trademark it risks its signature look becoming“generic,” and if so, the brand loses its trademark protection. On that basis, LV should be going after MOB. But, I’m rooting for MOB!
manufactured goods. Louis Vuitton is a French company and manufactures outside of the US. I don’t think any consumer on earth could be confused enough to think a canvas bag with a screen
imprint of a LV bag is the real thing. But a consumer could reasonably believe that the print was sanctioned by LV. Marketplace dilution is a serious concern for a brand trying to protect its signature look, like the iconic Louis Vuitton “Damier Ebene” pattern copied by MOB (the light & dark checkered pattern, pictured above). If a brand does not zealously protect its trademark it risks its signature look becoming“generic,” and if so, the brand loses its trademark protection. On that basis, LV should be going after MOB. But, I’m rooting for MOB!