Hyundai Sued by Louis Vuitton [Copyright Issues]

[cptcorn]

Copyright infringement in the news... It's not exact duplicate, but it's definitely recognizable brand-wise.

Check this out.
http://www.reuters.com/article/idUSN0125892920100301?type=marketsNews

http://www.autoblog.com/2010/03/05/report-hyundai-sued-by-louis-vuitton-over-high-end-basketball/

 

[steve b]

Lawyers love dumb stuff like this. That's not even close.

 

[cptcorn]

It may not be recognizable to you or I... But to Louis Vuitton customers, it definitely is. I think the issue at hand even is the LV looking logo on the basketball.

 

[G-Artist]

Guess they don't understand "parody." Thankfully jurists do.

But, hey, LV just won a major case against eBay and they are feeling lucky.
But LV has to understand this will be tried in an American court, not some backwater EU court.

 

[cptcorn]

Parody doesn't hold up in court when it comes to commercially marketing your company, unless the brand/image ins't confusing to the customer. In this instance, LV customers may be confused about the relationship between Hyundai and LV.

 

[G-Artist]

SCOTUS developed a 4-part test which it used in Campbell v. Acuff-Rose Music, Inc.

I think the LV suit would fail when part 3.Amount and Substantiality of the Portion Used
of the Copyrighted Work and part 4. Effect Upon Potential Market or Value of the
Copyrighted Work is applied.

Just a guess. It isn't like someone was selling basketballs with those stars on them.

 

[cptcorn]

SCOTUS developed a 4-part test which it used in Campbell v. Acuff-Rose Music, Inc.

I think the LV suit would fail when part 3.Amount and Substantiality of the Portion Used
of the Copyrighted Work and part 4. Effect Upon Potential Market or Value of the
Copyrighted Work is applied.

Just a guess. It isn't like someone was selling basketballs with those stars on them.

What you're referring to I believe relates only to music samples used in remix's ect. I think as long as someone only uses no more than 30 seconds of a sample they can do what they wish with it. I haven't looked too deep into that one, since I'm no musician.