Many luxury goods makers file lawsuits or threaten litigation to stop companies from piggybacking off their names and customer goodwill. MGA called Pooey Puitton protected parody “designed to mock, criticize, and make fun of that wealth and celebrity” associated with Louis Vuitton products and rejected what it called Louis Vuitton’s claim of trademark infringement to an MGA customer. Surprise and Bratz dolls. (Reuters) - A California toy company has sued Louis Vuitton to stop the French luxury goods maker from interfering with its sales of a slime-filled, poop-shaped toy purse for children, Pooey Puitton. The case is MGA Entertainment Inc v Louis Vuitton Malletier SA, U.S. District Court, Central District of California, No. Surprise and Bratz dolls. Walter rejected MGA’s claim that Louis Vuitton’s recent filing in France of a trademark infringement case illustrated the French company’s “history of not respecting parody rights,” and justified letting the U.S. lawsuit proceed. U.S. District Judge John Walter in Los Angeles said on Tuesday that MGA Entertainment Inc’s case did not belong in federal court because the company did not show there was an “actual controversy” between the parties. Poopsie Pooey Puitton is a poop-shaped, slime-filled purse at the heart of a lawsuit between toymaker MGA Entertainment and luxury stable LVMH. LOS ANGELES, United States — Louis Vuitton has won the dismissal of a lawsuit by a California toy company that accused the French luxury goods maker of trying to interfere with its sales of a poop-shaped toy purse for children, Pooey Puitton. A Poopsie Pooey Puitton Slime Surprise Slime Kit and Carrying Case.
REUTERS/Lisi Niesner/File Photo MGA had contended that no reasonable consumers would mistake Pooey Puitton, which retailed for $59.99, for costlier handbags from Louis Vuitton, a unit of LVMH Moet Hennessy Louis Vuitton SE. A California toy company has sued Louis Vuitton to stop the French luxury goods maker from interfering with its sales of a slime-filled, poop-shaped toy purse for children, Pooey Puitton. (Reuters) - Louis Vuitton has won the dismissal of a lawsuit by a California toy company that accused the French luxury goods maker of trying to interfere with its sales of a poop-shaped toy purse for children, Pooey Puitton. MGA is seeking a court declaration that Pooey Puitton does not infringe Louis Vuitton’s intellectual property rights, and is protected parody and fair use.
The makers of Pooey Puitton slime-filled toy purses have been given the go-ahead by a judge to keep selling its toy purses, and that it couldn't be counted as infringement on Louis Vuitton's brand. Jim Fingeroth, a spokesman for Louis Vuitton, on Monday said the unit of LVMH Moet Hennessy Louis Vuitton SE had no comment on the complaint. “The court need look only to the fact that Louis Vuitton has not sued MGA based on its trademark rights in the U.S.,” the judge wrote. MGA had contended that no reasonable consumers would mistake Pooey Puitton, which retailed for $59.99, for costlier handbags from Louis Vuitton, a unit of LVMH Moet Hennessy Louis Vuitton SE. But MGA Entertainment asserted that “no reasonable consumer would mistake the Pooey product for a Louis Vuitton handbag”, citing the difference in material, price, marketing and stockists. Lawyers for MGA did not immediately respond on Wednesday to requests for comment. The Van Nuys, California-based company said Pooey Puitton, whose contents include “slime powder” for making a “rainbow of poop” when water is added, is part of its Poopsie Slime Surprise line launched in 2018 and among its more successful new toys. The Van Nuys, California-based company is also known for its L.O.L. The children's toy manufacturer launched the lawsuit in response to a claim that Pooey Puitton's name and image violates the fashion label's intellectual property rights. The children’s toy manufacturer launched the lawsuit in response to a claim that Pooey Puitton’s name and image violates the fashion label’s intellectual property rights.
18-10758. “The use of the Pooey name and Pooey product in association with a product line of ‘magical unicorn poop’ is intended to criticize or comment upon the rich and famous, the Louis Vuitton name, the LV marks, and on their conspicuous consumption,” the complaint said. Reporting by Jonathan Stempel in New York; Editing by Lisa ShumakerFILE PHOTO: A woman with a Louis Vuitton-branded shopping bag looks towards the entrance of a branch store by LVMH Moet Hennessy Louis Vuitton in Vienna, Austria October 4, 2018. In a complaint filed on Friday in Los Angeles federal court, MGA Entertainment Inc said no reasonable consumer would mistake Pooey Puitton, which retails for $59.99, for costlier Louis Vuitton handbags.
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