Louis Vuitton has lost its lawsuit against
the Warner Brothers studio for using a knock-off bag in the film The Hangover:
Part II.
It turns out the judge on the case had more
of a sense of humour than the luxury label, which sought financial damages
after the hit comedy featured, and poked fun at, a fake Louis Vuitton bag.
Louis Vuitton claimed it was harmed by the
misrepresentation, but U.S. District Judge, Andrew Carter, dismissed the
allegations and defended the “funny” scene, writing: “It adds to the image of
Alan as a socially inept and comically misinformed character”.
The scene the judge is referring to is set
at an airport, where the character Alan Garner, played by Zach Galifianakis
says Careful...that’s a Louis Vuitton.
The bag in question is actually manufactured
by the Chinese American outfit Diophy, which distributes fake designer goods.
For comic effect, the word “Louis” is also
mispronounced as “Lewis”, the quote becoming a hallmark catchphrase from the
movie.
Louis Vuitton claimed the company was harmed
by this statement in particular, however Judge Carter wrote: “The likelihood of
confusion (to viewers) is at best minimal”
He added that it was unlikely that
film-goers would have noticed the bag, which was on screen for less than 30
seconds, was in fact a knock-off.
He also said that the audience would have
thought Louis Vuitton approved of Warner Brothers use of the Diophy bag, and
found that film company should not be held liable.
He wrote: Alan’s terse remark to Teddy to be
careful because his bag is a Lewis Vuitton comes across as snobbish only
because the public signifies Louis Vuitton - to which the Diophy bag looks
confusingly similar - with luxury and a high society lifestyle.
His remark also comes across as funny because
he mispronounces the French “Louis” like the English “Lewis”, and ironic
because he cannot correctly pronounce the brand name of one of his expensive
possessions, adding to the image of Alan as a socially inept and comically
misinformed character”, he added.
The court concludes that Louis Vuitton’s
allegations of confusion are not plausible, let alone “particularly
compelling”, the judge wrote in summary.
Theodore Max, a lawyer for Louis Vuitton,
had no immediate comment. 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.
Warner Brothers, part of Time Warner Inc,
are sure to be happy with the outcome of the case, after it had to pay damages
this year to tattoo artist, Victor Whitmill. Mr Whitmill accused The Hangover:
Part II of using of a replica tattoo he designed for Mike Tyson without his
permission.
An Australian stunt man who sustained
physical injuries while filming a botched car chase scene also filed a suit
against Warner Bros, as did a screenwriter who claimed his ideas were stolen
and used in the movie’s script.
Despite Louis Vuitton’s loss in the case,
the luxury label has also filed a suit against Diophy. This year shares of
LVMH, Louis Vuitton’s parent company, surged by $13.5 billion making Chairman
Bernard Arnault, the fourth-richest man on the Forbes Rich List.
HANDBAGS AT DAWN:
HOW LOUIS VUITTON
FEATURED IN HANGOVER PART II
The four men enter the airport walking to
Kayne Wests’ song Stronger.
Alan is seen wearing the fake Louis Vuitton
bag slung over his shoulder.
The little brother of the bride-to-be,
Teddy, joins the four guys and asks Alan if he can sit down next to him at the
departure gate.
Alan says: “Wolf-pack only, find another
chair”.
The groom, Stu, moves Alan’s fake bag off
the chair next to him, while saying: There’s no Wolf-pack Alan. Teddy, you’re
sitting here.
Alan shrieks: “Careful! That is a Lewis
Vuitton”
By
Daily
Mail Reporter
UPDATED:
UPDATED:
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