Son effectif est compris entre 6 et 9 salariés. It merely argues in a footnote that because Louis Vuitton is not entitled to summary judgment on its federal dilution claim, it is not entitled to summary judgment on its state-law claim. Combining an engraved LV Malletier buckle with Epi leather or a choice of the Maison's most iconic canvases, it will add a touch of sophistication to any outfit. at 23.) L at 145, 141.) 56.1 Resp. When asked to list which brand or product was advertised in the commercial, seventy-nine percent of the test group cited Hyundai first, and five percent mentioned Louis Vuitton first. Opp. Hyundai's outside advertising firm contacted thirteen companies to see whether they would permit Hyundai to use their brands free of charge. 56.1 ¶ 61 & Kruse Dec. Exs. (Pl. (Def. The sample advertised price was $159. Rule 56(c)(3). at 23 n. When asked whether Hyundai "used Louis Vuitton[-]like marks in order to raise the image of the Hyundai brand in the mind of the consumer," Ewanick answered, "Correct." 56.1 ¶ 7; Pl. In discussing this authority, I am mindful that several of the decisions arose from bench trials or preliminary injunction motions, and therefore may be distinguishable. In opposition to Louis Vuitton's motion, Hyundai does not direct the Court to evidence that contradicts this testimony. 56.1 Resp. § 107, the text of which varies from the fair-use provision of the TDRA. Assignee: Louis Vuitton Malletier Inventor: Antoine Abel Handbag. § 1125(c)(3) (A), but then considered whether its parodic qualities lessened the likelihood of blurring.588 F.3d at 111–13. Hyundai has not come forward with evidence that establishes this prong in its favor as a matter of law. Starbucks, 588 F.3d at 113. For example, on February 14, 2010, during the weekend of the NBA All–Star game, Twitter user kailanhindsman wrote, "I think a Louis vuitton football or basketball would be gangsta. § 1125(c)(1), the Trademark Dilution Revision Act of 2006 (the "TDRA") states: Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. See Out of Box Promotions, LLC v-Koschitzki, 55 A.D.3d 575, 578, 866 N.Y.S.2d 677 (2d Dep't 2008). It is statistically significant that 19% of survey respondents, without prompting, identified Louis Vuitton as a brand shown in the ad, as is the 30% of participants who, when asked in Hyundai's survey to focus their attention on the basketball, said that it reminded them of Louis Vuitton. §§ 1125(a)(1)(A) & 1114(a), and common-law unfair competition under New York law. phone: +33155803200 fax: e-mail: lvfr_ripe_admin (at) louisvuitton (dot) com. bb, at LOUV03469.)[6]. ¶¶ 16, 69.) § 1125(c)(5). As discussed in Hyundai's dilution claim, various postings on Twitter misapprehended the authenticity of the Louis Vuitton-like basketball. (Kruse Dec. Ex. It's just a matter of sort of decisions of which ones you liked best, right? Major League Baseball Properties, Inc. v. Salvino, Inc., 542 F.3d 290, 310 (2d Cir.2008)(internal citation omitted); see also Anderson, 477 U .S. (ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner. Unauthorized websites advertised purported Louis Vuitton bags, including in Florida. ¶¶ 31–32; Pl. 56.1 ¶¶ 27, 31; Def. Based on the record and the parties' contentions, a finder of fact is best positioned to determine how much credit should be afforded to Stamm's research, or whether, as Hyundai contends, her views are "simply not plausible." Costello, 632 F.3d at 45. (Def 56.1 ¶¶ 74–75; Pl. So too are its other marks and designs, which are invariably used with the LOUIS VUITTON mark. 56.1 Resp. (Kruse Dec. Ex. Additionally, Louis Vuitton also has submitted a record that reflects aggressive anti-counterfeiting measures. While the parties set forth slight and immaterial differences in their characterizations of the basketball's design, they agree that the ball was intended to evoke "the original Louis Vuitton Toile Monogram ...." (Pl. So what other than Louis Vuitton were you attempting to have consumers take away from the basketball with these markings on it? TCPIP Holding Co. v. Haar Commc'ns, Inc., 244 F.3d 88, 95 (2d Cir., 2001). In this case, however, the brief appearance of the Louis Vuitton-like marks heightens the similarities. The degree of similarity between the marks is high. By contrast, in this case, Louis Vuitton has set forth evidence that Hyundai utilized the Louis Vuitton marks for its own branding goals, and, in the minds of some consumers, created actual association between Hyundai and Louis Vuitton. The TDRA also includes a fair use provision: The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection: (A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with—, (i) advertising or promotion that permits consumers to compare goods or services; or. Third, the TDRA extends protection to "[a]ny noncommercial use of a mark," while simultaneously protecting a use "identifying and parodying, criticizing, or commenting upon the famous mark. This similarity was intended by Hyundai. Rule 56(a). Mem. It consists of brief vignettes that show "policemen eating caviar in a patrol car; large yachts parked beside modest homes; blue-collar workers eating lobster during their lunch break; a four-second scene of an inner-city basketball game played on a lavish marble court with a gold hoop; and a ten-second scene of the Sonata driving down a street lined with chandeliers and red-carpet crosswalks."(Def. First, as under the TDRA, the Second Circuit previously concluded that to apply trademark fair use, any comment or parody must be directed to the plaintiff's mark. 15 U.S.C. 56.1 Resp. ¶ 8.) (Kruse Dec. Ex. Louis Vuitton Malletier S.A., a French corporation located in Paris, that manufactures luxury luggage, handbags, and accessories, commenced this action against Haute Diggity Dog, LLC, a Ne- vada corporation that manufactures and sells pet products nationally, alleging trademark infringe- In support of its assertion of actual association, Louis Vuitton cites the research of Hyundai's own expert, Dr. Jerry Wind. for 286 Notice of Appeal, filed by Akanoc Solutions, Inc., Managed Solutions Group, Inc., Steven Chen. New York has adopted an anti-dilution law that is similar, but not identical to the federal statute. Q. It applies "regardless of the absence of competition or confusion."Id. Escolha entre premium de Louis Vuitton Malletier da melhor qualidade. 56.1 Resp. 1115, 155 L.Ed.2d 1 (2003). June 10, 2009) (comparing TDRA with prior anti-dilution provisions). § 1125(a).Tiffany does not stand for the proposition that a viable blurring claim arises only when a mark designates an item's origins. When no response came from Louis Vuitton, Hyundai nevertheless proceeded to use the "genericized" Louis Vuitton mark. The Court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in its favor, and may grant summary judgment only when no reasonable trier of fact could find in favor of the nonmoving party.Costello, 632 F.3d at 45; accord Matsushita Elec. Mem. (Def. cc at 30.) Hyundai also asserts that, under a licensing agreement, Louis Vuitton permits the jewelry company Tiffany & Co. to manufacture and sell pendants resembling a Louis Vuitton mark, and that Louis Vuitton provides celebrities with its products for promotional purposes. This is the old version of the H2O platform and is now read-only. Mem. (Def. 106 Dockets.Justia.com 163777.1-10562-002-2/23/2009 MOTION IN LIMINE #3 TO EXCLUDE TESTIMONY Apply to Merchandise Manager, Team Leader, Client Advisor and more! LV Link vous permettra d’avoir accès aux fonctionnalités premium de Louis Vuitton. § 1125(c)(3)(A)(ii). Mostradores de relógio LV 2. (Pl. for 286 Notice of Appeal, filed by Akanoc Solutions, Inc., Managed Solutions Group, Inc., Steven Chen. Louis Vuitton argues that it has established points first, fourth and fifth in support of its motion on the federal claim. As discussed, Hyundai has stated that the "Luxury" ad makes no comment upon Louis Vuitton. Opp. cc at 30.) 56.1 ¶¶ 31–32; Pl. Auparavant, il avait été l'emballeur favori de l'impératrice Eugénie de Montijo, épouse de Napoléon III. Jogo especial para celebrar um ano do Tambour Horizon. Sixty-two percent of those familiar with the Louis Vuitton marks believed that Hyundai received permission to use them in the "Luxury" ad. To the extent that Louis Vuitton cites its own expert's opinions in opposition, that evidence is not directed to likely Hyundai Sonata purchasers and instead looks to the misapprehension among all participants who recognized the Louis Vuitton mark. Given that Hyundai was "definitely laddering and borrowing equity from Louis Vuitton" (Pl. Founded in Paris in 1854, Maison Louis Vuitton has inherited the ambition and vision of its founders. L. § 360–l. cc at 13–14.) 56.1 Resp. See Sterling Drug. Viewing the evidence in a light most favorable to Hyundai, the record indicates that, at most, Louis Vuitton had two minor lapses in enforcement, when it was unaware that two musicians incorporated the company's marks in promotional materials. In Polaroid Corp. v. Polarad Elecs., Corp., 287 F.2d 492, 495 (2d Cir.1961), Judge Friendly, writing for the panel, set forth eight factors to be considered in determining the likelihood of confusion. 56.1 Resp. (Pl. See Vt. Teddy Bear, 373 F.3d at 244. (Kruse Dec. Ex. I mean, there was issues obviously. Drawing every favorable inference in favor of Hyundai, and assuming that the sales volume and public awareness of Louis Vuitton's sports- and auto-related products in the United States are limited to a niche market, the record nevertheless indicates that Louis Vuitton has had an ongoing, if limited, presence in the sales and marketing of sports- and auto-related goods. The plaintiff-appellee, Louis Vuitton Malletier, S.A. (“Louis Vuitton”) sells high-end handbags and similar products. They feature highly similar geometric designs stamped in gold, set against a brown background. The LOUIS VUITTON mark is well known and is commonly identified as a brand of the great Parisian fashion house, Louis Vuitton Malletier. See, e.g., Morningside Grp., 182 F.3d at 142 (good faith is not alone dispositive to the ultimate issue of consumer confusion); Lee Myles Auto Grp., LLC v. Fiorello, 2010 WL 3466687, at *3 (S.D.N.Y. Hyundai also has established that any difference in product quality is not material to assessing consumer confusion. Q: Right. As Ewanick testified, the ball's design was intended to "register luxury with the snap of the fingers."(Pl. On December 2, 1851, 16 years after Vuitton arrived in Paris, Louis-Napoleon Bonaparte staged a coup d'etat. Louis Vuitton Malletier. It was just to convey luxury. (Id.) New York City Triathlon, LLC v. NYC Triathlon Club, Inc., 704 F.Supp.2d 305, 319, 323 (S.D.N.Y.2010) (e-mail from sophisticated consumer was probative of actual association). By contrast, Louis Vuitton has set forth a record going toward aggressive enforcement of counterfeiting, and the other instances cited by Hyundai (the marks' appearance in the "My Humps" video and Tiffany's use of a Louis Vuitton mark) led to a cease-and-desist letter and a royalties agreement. (Kruse Dec. Ex. Indeed, in its memorandum of law, Hyundai does not even address this evidence. Hyundai's motion for summary judgment is therefore denied. LV City Game. ¶ 16; Kruse Dec. Ex. 15 U.S.C. "Starbucks, 588 F.3d at 109. (Def. Louis Vuitton Malletier, commonly known as Louis Vuitton (French pronunciation: [lwi v it ] ɥ ɔ̃) or shortened to LV, is a French fashion house and luxury goods company founded in 1854 by Louis Vuitton. 56.1 Resp. Were you in some ways trying to make fun of Louis Vuitton? Opp. "[4] (Def. 56.1 Resp. Google France SARL and Google Inc. v Louis Vuitton Malletier SA (), Google France SARL v Viaticum SA and Luteciel SARL (C-237/08) and Google France SARL v Centre national de recherche en relations humaines (CNRRH) SARL and Others (C-238/08).References for a preliminary ruling: Cour de cassation - France. Thin and feminine, this elegant belt pays tribute to the architecture of Louis Vuitton's historic trunks. By then, Hyundai had already arranged for "Luxury" to air three times during the NBA All–Star Game weekend, over February 12–14, 2010. See generally Sporty's Farm LLC v. Sportsman's Market, Inc., 202 F.3d 489, 500 (2d Cir.2000) (discussing willfulness requirement). (Def. § 1125(c)(2)(B)(v). Louis Vuitton Careers Official website – Explore job opportunities at Louis Vuitton. Among those who recognized the design as Louis Vuitton's, sixty-two percent believed that Louis Vuitton authorized Hyundai's use of the mark. The parties dispute the relevance and methodologies of one another's consumer surveys. To some extent, it appears to have blended an analysis of actual confusion in the trademark infringement context with tarnishment in the dilution context. 2007). Louis Vuitton's arguably most probative evidence is a scattering of Twitter postings by unknown users, and the research of its own expert is not probative of actual confusion under Second Circuit authority. I briefly address Hyundai's First Amendment arguments as specifically directed to plaintiff's trademark-infringement and unfair-competition claims. 56.1 ¶ 53.) It does not, for example, cite to testimony or other evidence in which other persons involved in the process explained an intention to parody or comment upon Louis Vuitton. The Company markets its products under the brand names "Monogram," "Cuir Epi" and "Taiga." Louis Vuitton Malletierᅠᅠ is a group on Roblox owned by LoganManzotti with 10445 members. Louis Vuitton moves for summary judgment on its trademark dilution claims as to liability only, and Hyundai has moved for summary judgment in its favor on all claims. (Def. Mem. Opp. A marca francesa Louis Vuitton terá sido fundada em 1854 como Maison Louis Vuitton Malletier pelo próprio Louis Vuitton, um homem de origens humildes que foi para Paris aos 14 anos aprender a trabalhar a madeira. 56.1 ¶¶ 20, 23, 27.). Hyundai also argues that the Wind survey indicates that "only" nineteen percent of unguided test-group participants recognized Louis Vuitton's appearance in the "Luxury" ad. Ninety percent of test-group petitioners said that they noticed the basketball, and 30% stated that the basketball reminded them of Louis Vuitton. Welcome to Luxury "Elegance in Style" Owned and Operated by Manzotti Incorporated About Welcome to Louis Vuitton, the biggest formalwear provider to Robloxians. Mem. Christopher J. Perry, a former marketing executive at Hyundai, confirmed in a Rule 30(b)(6) deposition that Hyundai worked to "genericize[ ] the Louis Vuitton marks" so "that they remained very similar" to the brown-and-gold marks of Louis Vuitton. (Def. Find your next job in the luxury and fashion industry. Hyundai has not made any effort to explain how a balancing of the factors should be applied in this case, and asserts only that because all factors should weigh in its favor, there is no likelihood of confusion, especially "against the backdrop of First Amendment principles."(Def. Moreover, the nineteen-percent figure emphasized by Hyundai also is relevant and probative evidence that participants associated Louis Vuitton with the "Luxury" ad. 56.1 ¶ 5), The commercial's "scene of an inner-city basketball game" features "a basketball bearing marks similar, but not identical," to the Louis Vuitton marks. Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 591 F.Supp.2d 1098, 1112 (N.D.Cal.2008). As previously noted, the greater a mark's distinctiveness, the higher the degree of protection afforded under anti-dilution law. 56.1 Resp. 56.1 Resp. iPad Requires iPadOS 11.0 or later. 56.1 ¶ 12; Def. Id. A. (Def. When asked whether he wanted to create an association with Louis Vuitton, Perry answered, "With luxury. Quando você entra na Casa Louis Vuitton Vendôme, você não vai encontrar somente uma loja, mas também um pequeno e autêntico museu onde design, arte contemporânea e referências do século de Versailles se misturam. Q. 15 U.S.C. With no opposing evidence submitted by Hyundai other than that which it submitted on the federal blurring claim (as to which summary judgment is granted in plaintiff's favor) this Court concludes that factors first, fourth and fifth weigh in Louis Vuitton's favor. § 1125(c)(2)(B). at 8.) The basketball does resemble LV much more on TV." In reviewing a motion for summary judgment, the court may scrutinize the record, and grant or deny summary judgment as the record warrants. Louis Vuitton has come forward with evidence of actual association and Hyundai, in the face of that evidence, has failed to come forward with evidence that would permit a reasonable factfinder to conclude otherwise. 56.1 Resp. For the reasons discussed, the Hyundai survey, while probative on association, contains flaws that are better assessed by a jury on the issue of actual confusion. (quoting Matter of Fireman's Ass'n of State of N.Y. v. French Am. In light of the foregoing, I conclude that Hyundai has not established as a matter of law that the bad-faith prong weighs in its favor. (Pl. Louis Vuitton is a luxurious French fashion house specializing in ready to wear magnificence. "Bridging the gap refers to the senior user's interest in preserving avenues of expansion and entering into related fields." at 11) but that argument conflates dilution with a false designation of origins claim under 15 U.S.C. (See, e.g., Kxuse Dec. Ex. Ten percent stated that they were more likely to purchase a Honda Sonata as a result of the basketball in "Luxury." Louis Vuitton Malletier SA Size 322.5 MB. 588 F.3d at 109. K at 5:29.) He stated: Q. L at 142–44.) Hormel, 73 F.3d at 505. Mr. Perry: Louis Vuitton, the brown and gold convey luxury. Were you in any way trying to compare the Hyundai with Louis Vuitton? So why not use the Louis Vuitton marks themselves? As discussed below, the TDRA sets forth six non-exclusive factors that go toward blurring.15 U.S.C. [6] Louis Vuitton's memorandum of law and Local Rule 56.1 statement make generalized assertions that, in certain focus groups, the participants' oral responses reflect confusion about Louis Vuitton's role in the ad. Why didn't you just use the [un-altered] Louis Vuitton marks? 56.1 Resp. This means you can view content but cannot create content. C at 22–23. [Defense counsel]: Askedand answered. The elements of a federal trademark-infringement claim and a New York unfair competition claim are "almost indistinguishable," except that New York requires an additional element of bad faith. 9 Louis Vuitton Malletier jobs available on Indeed.com. Opp. The survey used both a control group and a test group, with the control group shown a video that replaced the stylized "Luxury" basketball with a standard orange basketball. ¶ 18.) Louis Vuitton Malletier. (Shapiro Dec. Ex. LOUIS VUITTON MALLETIER, société par actions simplifiée est active depuis 35 ans. Okay. See, e.g., Costello v. City of Burlington, 632 F.3d 41, 45 (2d Cir.2011). You can access the new platform at https://opencasebook.org. The federal anti-dilution statute "is designed solely for the benefit of sellers. ¶ 69. As to the similarities between the products covered, it cites to its sale of sports-related items and its ties to the automobile industry. at 2.) Even if the statute's text did not resolve Hyundai's argument, the authority cited by Hyundai would not support its claim to fair use. That was not our objective. Louis Vuitton first registered this mark with the United States Patent and Trademark Office in 1932, and subsequently registered the mark's individual elements. Louis Vuitton Malletier, commonly known as Louis Vuitton (French pronunciation: [lwi v it ] ɥ ɔ̃) or shortened to LV, is a French fashion house and luxury goods company founded in 1854 by Louis Vuitton. Supplemental 56.1 ¶ 17.). According to Hyundai's expert, a net eight percent of likely Hyundai Sonata consumers either believed that Hyundai and Louis Vuitton were affiliated in the "Luxury" ad, or that Louis Vuitton granted permission to use its marks. It asserts, however, that any such association was "expressive" in nature, and that the basketball design imperfectly copied the Louis Vuitton marks, such that the Louis Vuitton marks could not be impaired as a matter of law. That same day, Dhat_Kid_DiCE wrote on Twitter, "Dyd yall See tht Louis Vuitton Basketball? TCPIP Holding Co., 244 F.3d at 95. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. Opp. (Docket # 1.) B at 61.). Its purpose is to protect the owners of famous marks from the kind of dilution that is permitted by the trademark laws when a junior user uses the same mark in a non-confusing way in an unrelated area of commerce." However, in light of the Starbucks opinions in both the Second Circuit and this District, the survey results present evidence of association. As described by Hyundai, "among those who highly considered but did not purchase an earlier model of the Sonata, brand reputation and resale value were the main reasons for rejection."(Def. On remand, the district court concluded that the survey results "constitute evidence of actual association," but that because the survey did not present the marks in their full contexts and the surveys reflected relatively low levels of confusion, "the actual association factor weighs no more than minimally in Plaintiff's favor." As noted, the statute states that blurring may occur regardless of actual or likely confusion, competition or economic injury. "Some classic examples of blurring include 'hypothetical anomalies as Dupont shoes, Buick aspirin tablets, Schlitz varnish, Kodak pianos, Bulova gowns, and so forth.' The Commercial attempted to accomplish this goal by poking fun at the silliness of luxury-as-exclusivity by juxtaposing symbols of luxury with everyday life (for example, large yachts parked beside modest homes). Développez votre expérience «Louis Vuitton City Guide». In opposition, Louis Vuitton argues that "the simplest measure" of damages is for a jury to award it "the roughly $3.2 million" that Hyundai spent to produce and air the ad. On all other Polaroid factors, Hyundai has failed to set forth evidence that entitle it to judgment in its favor as a matter of law. See, e.g., Harley–Davidson, 164 F.3d at 813: Deere & Company v. MTD Products, Inc., 41 F.3d 39, 44–45 (2d Cir.1994) (promotional ads are not "worthy purposes of expression," but done "simply to sell products," a "purpose that can easily be achieved in other ways."). C at 3, 5, 13–14.) Louis Vuitton has set forth evidence supporting its exclusive use of its marks, and Hyundai has failed to come forward with evidence that Louis Vuitton did not maintain exclusive use of its marks. Universal City Studios, Inc. v. Nintendo Co., Ltd., 746 F.2d 112, 118 (2d Cir.1984) (quotation marks omitted; ellipsis in original). (Def. sought to redefine the concept of luxury by communicating to consumers that Sonata offered "luxury for all." (Def. [1] The background section addresses facts pertaining to Louis Vuitton's motion for summary judgment, and therefore describes the facts in the light most favorable to Hyundai as the non-movant. 1982 – Mid 1980s Louis Vuitton began utilizing 3- or 4-digit codes to show the year and month in which the product was made. This factor does not weigh in Hyundai's favor. Hyundai also argues that because Louis Vuitton does not produce sporting items or automobiles, there is no similarity between the marks. 22 at 1.) at 17.) The instances of parody that Hyundai cites involve over-the-top, unmistakable parodies of an original. The Louis Vuitton marks and the basketball design in "Luxury" are virtually indistinguishable. Id. ), The deliberate alteration to the Louis Vuitton marks also demonstrates a consciousness that Hyundai could not lawfully use the marks. 56.1 ¶ 43; Def. Under the TDRA, to successfully prove blurring, a plaintiff need not establish "substantial similarity," and a court considers the "degree of similarity" as one of six probative factors. In that case, the coffee retailer Starbucks brought dilution claims against a company that marketed and sold a coffee branded "Charbucks Blend" and "Mister Charbucks." 56.1 Resp. Louis Vuitton has directed the Court to deposition testimony in which individuals involved in the ad's creation state that the ad contains no comment on Louis Vuitton. Q. Exam'rs, 364 F.3d 79, 84 (2d Cir.2004) (quoting Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir.1993)). As described by Hyundai's counsel, "it does not appear" that its outside advertising firm "ever spoke with anyone at [Louis Vuitton] about this Commercial." They are: (i) the degree of similarity between defendant's mark and the famous mark; (ii) the distinctiveness of the famous mark; (iii) whether the famous mark's owner "is engaging in substantially exclusive use of the mark;" (iv) the degree of recognition of the famous mark; (v) whether the defendant intended to create an association with the famous mark; and (vi) actual association between the defendant's mark and the famous mark. Q. 22.) Mem. Grout Shield Distribs., LLC v. Elio E. Salvo, Inc., ––– F.Supp.2d ––––, 2011 WL 5560296, at *11 n. 15 (E.D.N.Y. Additionally, as noted, Louis Vuitton has submitted some evidence that it has produced sports items, include niche, high-end products. Based on this record, I cannot conclude, as a matter of law, that consumer sophistication weighs in favor of either party. Encontre fotos de stock e imagens editoriais de notícias perfeitas de Louis Vuitton Malletier da Getty Images. (Def. As described by Hyundai, it "consists of a repeating pattern design of the letters 'LV and flower-like symbols on a chestnut-brown background." Moreover, Hyundai makes no citations to the record in support of this prong, but asserts, ipse dixit, that there is no confusion about the source of the Louis Vuitton marks in the "Luxury" ad. Such testimony reflects the conscious intent within Hyundai to ladder and borrow from the equity of Louis Vuitton marks while also circumventing any obligation to seek Louis Vuitton's permission. Boone, an account executive at the advertising firm that oversaw the "Luxury" ad, also testified that the ad contained no comment directed toward Louis Vuitton or its marks: Q. Hauser states that the fifteen-percent recognition is consistent with the percentage of the buying public that is aware of the Louis Vuitton mark. Louis Vuitton Malletier. Facts: Louis Vuitton Malletier, a historic luxury house known largely for its monogrammed “LV” leather goods, filed suit against Haute Diggity Dog, alleging that the dog toy brand manufactured and sold inexpensive, plush dog toys that infringed an array of famous luxury brands, including its own.
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