4th Circuit: No Likelihood of Confusion Between “Chewy Vuiton” and “Louis Vuitton” Trademarks

Holding:

In this case for trademark infringement and dilution, the U.S. Court of Appeals for the Fourth Circuit held that defendant’s “Chewy Vuiton” dog toy products did not infringe plaintiff’s “Louis Vuitton” trademark since there was no likelihood of confusion between the two marks. In so holding, the Fourth Circuit found that defendant’s product was a successful parody on the basis that defendant appropriately mimicked a part of the LVM marks. At the same time, defendant sufficiently distinguished its own product to communicate the satire. In ruling against plaintiff, the FourthCircuit found that the differences were “sufficiently obvious and the parody sufficiently blatant that a consumer encountering a ‘Chewy Vuiton’ dog toy would not mistake its source or sponsorship on the basis of mark similarity.” The Fourth Circuit thus affirmed the district court’s summary judgment of non-infringement and non-dilution.

Detailed Summary:

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 Nevada corporation that manufactures and sells pet products nationally, alleging, among other claims, trademark infringement under 15 U.S.C. § 1114(1)(a), and trademark dilution under 15 U.S.C. § 1125(c).

On the other hand, defendant Haute Diggity Dog manufactures, among other things, plush toys on which dogs can chew. It claims that its products parody famous trademarks on luxury products, including those of Louis Vuitton Malletier. Its Haute Diggity Dog’s “Chewy Vuiton” dog toys, in particular, loosely…

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