Louis Vuitton Malletier S.A., v. Haute Diggity Dog, LLC

507 F.3d 252 (4th Cir. 2007)

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Nature of the Case

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Facts

P is a French corporation located in Paris. P manufactures luxury luggage, handbags, and accessories. P is a well-known and markets and sells its products worldwide. P has adopted trademarks and trade dress that are well recognized and have become famous and distinct. P has registered trademarks for 'LOUIS VUITTON,' in connection with luggage and ladies' handbags; for a stylized monogram of 'LV,' in connection with traveling bags and other goods; and for a monogram canvas design consisting of a canvas with repetitions of the LV mark along with four-pointed stars, four-pointed stars inset in curved diamonds, and four-pointed flowers inset in circles, in connection with traveling bags and other products. P's Multicolor design and the Cherry design attracted immediate and extraordinary media attention and publicity in magazines such as Vogue, W, Elle, Harper's Bazaar, Us Weekly, Life and Style, Travel & Leisure, People, In Style, and Jane. Between 2003-2005, P spent more than $48 million advertising products using its marks and designs, including more than $4 million for its Multicolor design. P also markets a limited selection of luxury pet accessories -- collars, leashes, and dog carriers -- which bear the Monogram Canvas mark and the Multicolor design. These items range in price from approximately $200 to $1600. P does not make dog toys. D manufactures and sells a line of pet chew toys and beds whose names parody elegant high-end brands of products such as perfume, cars, shoes, sparkling wine, and handbags. These products are mainly sold in pet stores. These include -- in addition to Chewy Vuiton (LOUIS VUITTON), Chewnel No. 5 (Chanel No. 5), Furcedes (Mercedes), Jimmy Chew (Jimmy Choo), Dog Perignonn (Dom Perignon), Sniffany & Co. (Tiffany & Co.), and Dogior (Dior). The toys and bests have a shape and design that loosely imitate the signature product of the targeted brand. P also markets a limited selection of luxury pet accessories -- collars, leashes, and dog carriers -- which bear the Monogram Canvas mark and the Multicolor design. These items range in price from approximately $200 to $1600. P does not make dog toys. D's 'Chewy Vuiton' loosely resembles miniature handbags and undisputedly evoke P handbags of similar shape, design, and color. D uses 'CV'; and the other symbols and colors employed are imitations, but not exact ones, of those used by P. P sued D for trademark, trade dress, and copyright infringement. The district court granted D's motion for summary judgment on all claims. It held that D's products amounted to a successful parody of P's marks, trade dress, and copyright. P appealed.