"Chewy Vuiton" Parody Wins the Day
The Fourth Circuit readily disposed of the trademark infringement, dilution/tarnishment, trade dress and copyright claims of high-fashion icon Louis Vuitton against Haute Diggity Dog, a Nevada company that manufactures and sells a line of pet chew toys and beds whose names parody elegant high-end brands including "Chewy Vuiton," a dog chew toy.
In the end, the fact that the "Chewy Vuiton" dog chew toy was obviously a parody of the LOUIS VUITTON handbag--with both obvious similarities and dissimilarities--led to the District Court's and the Fourth Circuit's rejection of Louis Vuitton's claims on summary judgment: "The dog toy irreverently presents haute couture as an object for casual canine destruction. The satire is unmistakable. The dog toy is a comment on the rich and famous, on the LOUIS VUITTON name and related marks, and on conspicuous consumption in general."
And in something of an ironic twist, the strength and distinctiveness of the LOUIS VUITTON mark worked against Louis Vuitton in the context of its dilution by blurring claim, making it more likely that a parody (at least an obvious one) will not impair the distinctiveness of the famous mark.
The Fourth Circuit's opinion in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, can be found here.
