Its claim is based on its trademark and design rights. Use would be damaging to the image of Louis Vuitton and it would lead to dilution. My Other Bag claims that it is a parody that should be allowed. The consumer will immediately notice that it is a joke and no confusion can occur. The court agrees with this. “Louis Vuitton is … an active and aggressive enforcer of its trademark rights. In some cases, however, it is better to “accept the implied compliment in [a] parody” and to smile or laugh than it is to sue.” In the Netherlands Louis Vuitton would almost certainly have won the case. Parody may be a defence, but only if there is no financial gain.
