March 08, 2013

In this article, Jenner & Block Partners Andrew H. Bart and Gianni P. Servodidio examine the firm’s victory in Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment, Inc.  The authors explain that a New York judge granted firm client Warner Bros.’ motion to dismiss Louis Vuitton’s trademark complaint based on the appearance of an allegedly counterfeit Vuitton bag in the movie The Hangover: Part II.  The decision is “a stark example of the increasing judicial skepticism toward efforts by trademark owners to use the rubric of the Lanham Act and related state laws to exercise control over the appearance of their branded products in expressive visual works such as films, television shows, or video games,” they observe.