Court Applies New Dilution Law in Vuitton v. Haute Diggity Dog
In an action brought by Louis Vuitton in the U.S. District Court for the Eastern District of Virginia against Haute Diggity Dog, purveyors of the "Chewy Vuiton" dog toy and dog bed, the court held on Friday that the recently-amended federal anti-dilution law should apply to LVM's claim for injunctive relief based on events that occurred before the amendment's effective date.
Under the amendment to the dilution law, the standard for liability is whether a mark or trade name is likely to cause dilution, rather than whether actual dilution has occurred.
As this case involved an obvious parody, it is not surprising that the court also granted Haute Diggity Dog and the other defendants summary judgment on LVM's trademark infringement, dilution, counterfeiting and copyright infringement claims:
The name "Chewy Vuiton" is, like "Timmy Holedigger," an obvious parody of a famous brand name. The fact that the real Vuitton name, marks, and dress are strong and recognizable makes it unlikely that a parody-particularly one involving a pet chew toy and bed--will be confused with the real product.
The decision is reported at 2006 U.S. Dist. LEXIS 80575.