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Warner Bros Sued For Pirating Louis Vuitton Trademark

NewYorkCountryLawyer writes "You have to love a case where Warner Brothers, copyright maximalist extraordinaire, gets sued for 'piracy,' in this case for using a knock-off Louis Vuitton bag in a recent movie. This lawsuit has been described as 'awkward' for Warner; I have to agree with that characterization. Louis Vuitton's 22-page complaint (PDF) alleges that Warner Bros. had knowledge that the bag was a knock-off, but went ahead and used it anyway. Apparently Warner Bros. takes IP rights seriously only when its own IP rights are involved."

227 comments

  1. they will just shift the blame to some other perso by Joe_Dragon · · Score: 5, Insightful

    they will just shift the blame to some other person or just pin it on a intern.

  2. Ooooh boy.... by GameboyRMH · · Score: 1

    The spambots are gonna go NUTS on this thread...they'll be on-topic for once.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  3. awkward by jon_doh2.0 · · Score: 0, Redundant

    "awkward"

  4. The law is the law by Yvan256 · · Score: 5, Funny

    Now, according to the usual MPAA calculations and the fact that petilions* of people will see that movie, they now must pay Louis Vuitton about 5 zetalions* dollars.

    * The MPAA and RIAA aren't the only ones who can come up with stupid numbers.

    1. Re:The law is the law by amiga3D · · Score: 5, Insightful

      You act as if the law applies to the Movie Studios. How naive.

    2. Re:The law is the law by Anonymous Coward · · Score: 0

      I think you left out the BSA

    3. Re:The law is the law by Gavin+Scott · · Score: 5, Funny

      Perhaps they'll just argue that the viewers of the movie are the ones who are infringing by the act of looking at the counterfeit item, and so each moviegoer will owe LV $3,000.

      G.

    4. Re:The law is the law by Anonymous Coward · · Score: 0

      +1

    5. Re:The law is the law by Haedrian · · Score: 4, Interesting

      Unfortunately they won't be able to pay it due to the company not making any profit whatsoever.

      http://entertainment.slashdot.org/story/10/07/09/1621218/hollywood-accounting-how-harry-potter-loses-money

    6. Re:The law is the law by OzPeter · · Score: 4, Funny

      Perhaps they'll just argue that the viewers of the movie are the ones who are infringing

      That movie had viewers???????

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      I am Slashdot. Are you Slashdot as well?
    7. Re:The law is the law by mwvdlee · · Score: 1

      According to hollywood tax lawyers, nobody will see the movie.
      Not counting the (world_population * 2) people who'll download the movie, according to hollywood copyright lawyers.

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    8. Re:The law is the law by Anonymous Coward · · Score: 2, Informative

      That movie had viewers???????

      Um, it was only the 4th highest grossing movie in the US this year. Horrible, yes, but very popular.

    9. Re:The law is the law by Geminii · · Score: 1

      People have been sued for movie piracy without owning a computer or any other kind of electronic equipment. You and five million other randomly chosen people will just be designated 'viewers' and be sued.

    10. Re:The law is the law by NewYorkCountryLawyer · · Score: 1

      Yeah, that would be nice for the RIAA and MPAA damage calculations to be used against them.

      --
      Ray Beckerman +5 Insightful
    11. Re:The law is the law by Grumbleduke · · Score: 1

      If you look at the filing p19, or p21 of the pdf), LV are asking the court (B) to stop WB from "advertising, marketing, promoting or distributing" the film (or any other media) containing the relevant scene, (C) to make WB hand over all copies of the film to LV "for destruction" and provide an "accounting of profits" from their use of the bag (no idea how WB are going to calculate that, but knowing Hollywood accounting, I wouldn't be surprised if it comes out as a few thousand dollars of loss from using the bag) and, (D) for punitive damages for the infringement.

      *grabs popcorn* - Looks like this could be a fun case.

  5. I so Looove Louis Vuittonnn! by G3ckoG33k · · Score: 1

    I so Looove Louis Vuittonnn!

    I don't have any, I won't buy any, but I soo loove Louis Vuittonnn!

    1. Re:I so Looove Louis Vuittonnn! by amiga3D · · Score: 2

      It's a damn bag. For crying out loud it's a damned ugly bag too.

    2. Re:I so Looove Louis Vuittonnn! by Anonymous Coward · · Score: 0

      but its Lacwa!

    3. Re:I so Looove Louis Vuittonnn! by wooferhound · · Score: 1

      What about the Guns and other weapons that aren't real
      do production companies need to pay money for those product placements

      --
      We are Dead Stars looking back Up at the Sky
  6. god dammit by Anonymous Coward · · Score: 1

    Justice and morality are for humans. While you may feel smug and smart that you've spotted a corporation engaged in hypocrisy, why the hell would it care? It exists to make money for executives and shareholders, in that order, and the only time the law is interesting is when breaking it is likely to result in greater loss of profit than obeying it.

  7. What you see on TV isn't Real by Anonymous Coward · · Score: 1

    When it comes to Hollywood, everything is imaginary, including "intellectual property".

  8. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 5, Funny

    It is always an intern. It is a little known fact that Lee Harvey Oswald and John Wilkes Booth were intern patsies.

  9. Meanwhile... by AliasMarlowe · · Score: 5, Funny

    The Warner Bros lawyers are poring over every Louis Vuitton advertisement and product, desperately looking for something to neutralize the issue. Even a stain which is vaguely in the shape of Wile E Coyote would do.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    1. Re:Meanwhile... by macraig · · Score: 1, Interesting

      And they'll be doing that as much to satisfy their own dire need to confirm their chosen bias as much as to convince anyone else of its validity. Self-delusion is a costly process, for all of us.

    2. Re:Meanwhile... by wooferhound · · Score: 4, Insightful

      This was not a Handbag, it was a Prop.
      Just in case anybody doesn't know . . . everything you see in the movies and on TV is fake.

      --
      We are Dead Stars looking back Up at the Sky
    3. Re:Meanwhile... by Anonymous Coward · · Score: 1

      Not likely given that movies commonly use props. In the world of movies, not real is the defacto standard. The complaint needs to squarely establish why they are the exception in a sea of rules, that everyone else knows its a fake, and that those who know its a fake are damaged by its presence. Blankly, the only people who give a shit about this story are dumb pirates who are looking for an excuse to be yet dumber than the day before.

    4. Re:Meanwhile... by Anonymous Coward · · Score: 1

      Uhuh. And note this: as WB weren't *selling it*, LV's IP *was not infringed*. So the summary is misleading to say the least.

    5. Re:Meanwhile... by jamstar7 · · Score: 4, Funny

      Just in case anybody doesn't know . . . everything you see in the movies and on TV is fake.

      Including the tits on the 'girl next door'.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    6. Re:Meanwhile... by Anonymous Coward · · Score: 0

      Especially the tits on the 'girl next door'.

      FTFY

    7. Re:Meanwhile... by mug+funky · · Score: 1

      true dat. as much as i hate to say it, LV is barking up very much the wrong tree in this case.

      let's save our righteous anger for when WB actually do something wrong, or we'll all look like idiots.

    8. Re:Meanwhile... by Anonymous Coward · · Score: 0

      Good point, if every fake boobs on tv/cinema/ads had the label "these boobs are fake" the number of plastic surgeries would see any change?

    9. Re:Meanwhile... by Kjella · · Score: 1

      And she doesn't live next door, I checked ;)

      --
      Live today, because you never know what tomorrow brings
    10. Re:Meanwhile... by Anonymous Coward · · Score: 0

      Yeah, and the funny thing is that this legal dust-up is giving LV scads of free publicity.

      OTOH, if Warner Bros doesn't apologize, I'll borrow my wife's Dooney & Burke bag and whack them over the head with it -
      that'll teach them !! :-)

    11. Re:Meanwhile... by Anonymous Coward · · Score: 0

      Leave Elisha Cuthbert alone, she is HOT!

    12. Re:Meanwhile... by Zaphod+The+42nd · · Score: 1

      What are you trying to say? It is a handbag, or it wouldn't be a knockoff. You think somebody crafted a vuitton bag to look just like a vuitton bag just for the movie? No, they have a budget for props, and they go out and buy things. Yes, its purpose is as a prop; but where do you think props come from? What is the difference? If it was "just a prop" they wouldn't have used the logo, or they would have gotten it right. Using a knockoff is only a possibility because they just buy a handbag and put it on the set.

      --
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  10. Unsurprising by Anonymous Coward · · Score: 0

    It is unsurprising that under capitalism, the interests of one's own firm is superior in consideration. That said, one wonders if the "violation" was unintentional and therefore only negligent not intentional legally. Ironaically that does not minimalize civil damages very much. This is an area where the legal system itself needs fixin'.

    JJ

  11. curious case by Trepidity · · Score: 4, Interesting

    It does indeed put WB in an awkward position, because the best defenses here are some variety of permissive fair use. I do think there is a reasonable case for this sort of use of trademarks in fictional settings being given wide leeway, though. For example, mockups of vehicles or boats, or their interiors, are frequently used on film sets as stand-ins for the real thing, usually for practical reasons. Should that be illegal?

    1. Re:curious case by Anonymous Coward · · Score: 0

      Only if they sue.

    2. Re:curious case by Tubal-Cain · · Score: 2

      For example, mockups of vehicles or boats, or their interiors, are frequently used on film sets as stand-ins for the real thing, usually for practical reasons. Should that be illegal?

      They usually avoid calling the props by a brand name unless it's product placement. In this case, they were just using "Louis Vuitton" as a synonym for "expensive".

    3. Re:curious case by Volante3192 · · Score: 4, Insightful

      A mockup of an BMW is not going to excuse the studio from getting permission from BMW. It may make it cheaper, but it won't eliminate it.

      The thing is, they were presenting the LV bag as a legit LV bag, explicitly using the LV brand on film. But WB knew it wasn't real, were warned it wasn't, and went ahead anyway. Now, if there was a payoff joke at the end where they go, "It's not a LV! Look! You can tell by the cross-section!" that might have worked. I dunno, not a lawyer.

      Either way, the goddamn thing cost $80 mil to make and it returned $250 mil stateside. No excuse WB couldn't have dug around in a cushion for a legit bag to satiate the legal beagles. Take an olive out of every salad for Ed Helms; it worked for American Airlines...

    4. Re:curious case by Plunky · · Score: 3, Informative

      use of trademarks representing a non genuine item, is not allowed.. that mockup of a vehicle or a boat or a secret under-volcano hideaway well now, are they branded items?

      I'm sorry, but I reckon WB could have purchased a LV bag and used it without paying a penny for licensing and LV would have been delighted at the free coverage..

    5. Re:curious case by Anonymous Coward · · Score: 5, Informative

      In this case, (yes, I actually read, er, skimmed the legal complaint) WB used knock off bags and luggage in a scene, but had a character refer to them as Louis Vuitton products. According to LV, this will create confusion in the public's mind about the knockoff's monogram vs. LV's trademarked emblems. Plus, LV had filed a complaint with WB before releasing the film to DVD and blu-ray which WB chose to ignore. So LV is seeking damages for intentional trademark violation and a couple of other infractions. Had the film not specifically mentioned LV in the dialog, there probably wouldn't have been a case.

    6. Re:curious case by Anonymous Coward · · Score: 0

      I thought part of the joke was that it was a fake.

    7. Re:curious case by Anonymous Coward · · Score: 1

      This is odd. Does that mean that any movie that maybe had a theme about counterfeit goods couldn't have a character try to hawk those items as being genuine? I hate to agree with WB on this, but if the studio didn't specifically say it was LV, but had a FICTIONAL character say it, I can't see it as infringement.

    8. Re:curious case by Surt · · Score: 1

      I'd say their best defense would be to call it a documentary about fake LV bags. It clearly wasn't a comedy, so it works out.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    9. Re:curious case by LordLimecat · · Score: 1

      I'm sorry, but I reckon WB could have purchased a LV bag and used it without paying a penny for licensing and LV would have been delighted at the free coverage..

      Can a lawyer confirm this? Inquiring minds want to know.

      Also: Could they have used the fake bag and just not mention the trademarked name? Like wearing levis in the movie, but never mentioning them?

    10. Re:curious case by DanielRavenNest · · Score: 1

      Heck, they could have bought the real bag, used it in the movie, and auctioned it off afterwards as a famous movie prop and probably gotten more for it than they paid. This is assuming the item was not destroyed while making the film. I have not seen it and have no plans to.

    11. Re:curious case by houghi · · Score: 1

      Either way, the goddamn thing cost $80 mil to make and it returned $250 mil stateside.

      But be bad for them loosing so much money on a movie.

      Signed,
      your Hollywood Accountant.

      --
      Don't fight for your country, if your country does not fight for you.
    12. Re:curious case by Anonymous Coward · · Score: 1

      I do think there is a reasonable case for this sort of use of trademarks in fictional settings being given wide leeway, though.

      Actually, I'd phrase that the other way around: I don't think there's any reasonable case at all for restricting the use of trademarks in fictional settings, as long as that use does not amount to slander or libel.

      I write novels. Am I now required to get clearance from BMW before describing my character as driving one of their vehicles? What if the vehicle I describe isn't actually one that they sell? Clearly, this is patently ridiculous (pun intended).

      Traditionally, trademarks can only[1] be protected where somebody is using them to sell something that is similar to what the trademark holder sells, or with what is clearly intended to be perceived as an association between the vendor of a dissimilar item and the trademark holder (this latter case is what means you can't make your own merchandise for somebody else's movie). In this case, WB is not selling a bag, nor is it attempting to associate its film in the public's mind with Louis Vuitton's bags or other products. So I see no way in which trademark law applies, or should apply.

      [1] - yes, I'm aware point of import is protected also in this case, but this isn't something I'd call a traditional trademark protection, and I'm not in favour of it.

    13. Re:curious case by Anonymous Coward · · Score: 2, Interesting

      They should also push for ICE to seize the WB domain as it's encouraging the purchase of films which use pirated and wilful trademark infringing material.

    14. Re:curious case by Anonymous Coward · · Score: 0

      Oddly, if the fictional character in this idiotic film had indicated that the bags were forgeries and therefore there was no need to care for them, there would be no case for Louie V. The only reason Louie's lawyers can argue for monetary damages is that the Warner Brothers made the mistake of prominently displaying the poorly knocked-off label, upon which LV lavishes enough marketing money to feed Somalia's starving hoards. The script has some bonehead claim it was the 'real' thing, and now little Jennie, who was sitting in the 10th row, might grow up not being able to tell the difference between the genuine logo and the lesser imitation. (As if she could afford the real thing anyway...)

    15. Re:curious case by wjcofkc · · Score: 1

      That's what I was thinking. Considering the high level of product placement in movies, they could have easily acquired one for free. Makes zero sense to me why they didn't. Past that, what a bunch of hypocrites.

      --
      Brought to you by Carl's Junior.
    16. Re:curious case by bakes · · Score: 1

      Maybe the character in the film didn't know that they were knock-offs, and really believed that they were real LV?

      --
      Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
    17. Re:curious case by Anonymous Coward · · Score: 0

      I want to know this as well.

      I have a hazey reecollection of an anime producer (director?) saying that in the old days they wanted to use real products and places in their movies (e.g. times squares billboards), but always had to change product names etc to avoid being sued. I think he went on to say exitedly that for the first time not only had they been allowed draw the real names, but they were even being paid for it!

    18. Re:curious case by Anonymous Coward · · Score: 0

      Doesn't matter, its still misrepresentation. You can't use a fake "Windows 9" box on TV, have the cast claim that its the newest OS from Microsoft and then try to get away with it by saying "we didn't tell the actors that it was a fake!"

    19. Re:curious case by Anonymous Coward · · Score: 1

      This is WARNER BROS, the same guys who sue people for selling or giving away homemade SUPERMAN costumes on halloween.

      The point of this case is interesting, because the kind of laws that WB supports are being used against it. LV is legally entitled to either
      - The cost of the REAL LV item 1000-10000USD
      or
      - Royalties (the stupid LV items cost thousands of dollars) I'm sure hollywood accounting can easily make it so that each viewer cost the studio 3000$ hence lost a fortune.
      - The cost of the LV Prop as if it were an actor cast in the movie (millions)
      - Zilch, if fair use applies. For ef's sake the Blueray, DVD, and digital download can digitally erase the trademarks and nobody FBF'd the movie to make a knockoff of a knockoff. How long does this stupid item appear in the movie? Minutes? Seconds? The movies are not "live" reality shows where there is significant harm to having a replica purse as there is smoking weed, doing crack or shooting up (oh sarcasm you fail me.)

      My expectation is that the item will be digitally altered on all subsequent releases, and LV will just get a one-off payday, and the lawyers will take home all the money.

    20. Re:curious case by Anonymous Coward · · Score: 0

      Ferris Buelers day off used a fake Ferrari.

    21. Re:curious case by mpe · · Score: 1

      This is WARNER BROS, the same guys who sue people for selling or giving away homemade SUPERMAN costumes on halloween.

      Which is probably the only reason for this lawsuit in the first place.

      The point of this case is interesting, because the kind of laws that WB supports are being used against it.

      As well as the interpretation of the laws. With the plaintiff in this case being big enough to actually worry WB.

    22. Re:curious case by Anonymous Coward · · Score: 0

      I hate this kind of thinking..

      Copyright issues are stupid when dealing with individuals who don't intend to pawn off fake copies to sell, it's just as stupid as louis vutton complaining about what amounts to being a prop in a movie.

      Why are people trying to validate louis vutton claim just because WB are claiming something based on similar stupidity? This is childish and based on arbitrary stupid rules.

      But this is basically what will happen because of copyright stupidity, the film and music studios have build a playground where ideas and manipulation of ideas by any other then the owner of said idea (i.e. brand name, or trademarked, or copyrighted or patented work) can now be sued for cash, so now any company with a brand name can sue a film company or a music company for using a brand name within their films without paying them for it, or as in this case, not using an original.

      That's the current working of the copyright/patent of ideas today, if you don't own the brand name, then you get to pay the brand owner for using it.

      In that regard I find LV modest claim that they want reparations for not using a real bag quite cute, and hopefully will open the doors for all brand names to be able to sue successful movies and music for using any/all brand names/copyrighted ideas/patented ideas.

      This will hopefully build a new tower of copyright babel, one which I hope fill come crashing down and die in a fire.

    23. Re:curious case by dubsnipe · · Score: 1

      So in that case it's not a 'copyright' issue, but an unfair competition issue for misleading the public. It would fall into the category of 'intellectual property' but it's not copyright per se.

    24. Re:curious case by Anonymous Coward · · Score: 0

      I can only hope that in the future WB will be required to disclaim any association with them in the future a la the things you see:

      'No animals were harmed in the making of this film, nor were any Louis Vitton products used as props.'

      Funny as all get out, I can dream.

    25. Re:curious case by Anonymous Coward · · Score: 0

      > I reckon WB could have purchased a LV bag and used it without paying a penny for licensing and LV would have been delighted at the free coverage..

      This can be done far more tax efficiently. Auction the item for charity and then claim the price as a tax deductible expense on the basis that the auction determined a fair market value.

  12. Appropriate fine would be by Anonymous Coward · · Score: 0

    $7000 per human-minute spent watching the bag in the movie, including the pirated copies.
    Estimate for no. of pirated copies to be obtained using same method which gives no. of pirated copies in the millions and shows massive losses of revenue from piracy

  13. How can they tell? by GameboyRMH · · Score: 1

    How is is possible to know if the bag was a knockoff or not? It can sometimes be impossible to tell when looking at them up-close, never mind a glance of one in a movie. The only way cops are able to shut down the shops selling these is basically by profiling the shops themselves. Shop run out of flea market space/van + high fashion handbag / low price ~= fake. Works 99.999% of the time.

    And the funny thing is the real bags are made at least as unethically as the fakes.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:How can they tell? by stuffeh · · Score: 1

      Because of the design of the bag. All they have to do is look through their entire catalog of bags they have made in the past, see that it doesn't match any designs and viola. If you have access to the actual specs, it's pretty trivial to go through and filter the search by size, color and design. Similar thing happened to some A-lister, and VL sent her a real bag to replace her fake one, I don't remember who that was. And a quick google news search for "louis vuitton" back to 2007 came up empty. For the record, they spotted the bag in the Hangover 2 movie.

    2. Re:How can they tell? by GameboyRMH · · Score: 1

      The fake wasn't even a copy of an actual LV bag? Haha, serves 'em right.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    3. Re:How can they tell? by stuffeh · · Score: 2

      When all you want to do is make a few bucks off a few thousand dollar thing, copying the specs to the letter isn't your top priority. The fakes usually only care about getting the logo in.

    4. Re:How can they tell? by demonlapin · · Score: 2

      Most of the fakes are not exact copies of real LV bags. My wife LOVES LV stuff and is particularly expert at spotting the fakes. We just got back from a week in LA; you'd be surprised how many of those bags even in Beverly Hills aren't real...

    5. Re:How can they tell? by AverageWindowsUser · · Score: 5, Funny

      We just got back from a week in LA; you'd be surprised how many of those bags even in Beverly Hills aren't real...

      The fun-bags aren't real there either.

    6. Re:How can they tell? by Nyder · · Score: 1

      ... We just got back from a week in LA; you'd be surprised how many of those ... in Beverly Hills aren't real...

      There, fixed it for ya.

      --
      Be seeing you...
    7. Re:How can they tell? by demonlapin · · Score: 1

      Yeah, but I'm talking about something you actually expect to be real...

  14. Probably not a trademark violation by Animats · · Score: 1

    LV has a weak case here. Warner isn't making anything LV makes. They themselves didn't make an infringing product. They just showed pictures of one.

    1. Re:Probably not a trademark violation by wiedzmin · · Score: 1

      I don't make anything Warner makes, I won't make an infringing movie, I will just post clips of theirs on YouTube... I think we both know how that would end. But regardless, this has got to be embarrassing for Warner - multibillion movie giant can't afford to rent a real LV bag for the movie shoot?

      --
      Bow before me, for I am root.
    2. Re:Probably not a trademark violation by Zironic · · Score: 3, Informative

      You're not legally allowed to make advertisements for counterfeit products even if it's not your counterfeit product.

    3. Re:Probably not a trademark violation by Dunbal · · Score: 1

      And how is this not defamation? I for one am sure my wife did not buy a Luis Vuitton bag now, after seeing how awful this one looked in the movie. Fortunately the real bags look much better, but it's too late for my wife. Secretly I'm glad because maybe we can buy a new car instead.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:Probably not a trademark violation by dgatwood · · Score: 1

      A movie is not an advertisement. Well, good movies are not advertisements....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:Probably not a trademark violation by Anonymous Coward · · Score: 0

      I would LOVE to see a court ruling saying movies qualify as advertisements.

    6. Re:Probably not a trademark violation by AverageWindowsUser · · Score: 0

      You're not legally allowed to make advertisements for counterfeit products even if it's not your counterfeit product.

      Unless you're a communist.

      Vist warez-bb.org today !!!

      There's my advertisment for counterfeit products.
      Guess I broke some silly american law.
      Thanks SOPA creators for pointing be to that site. I always wanted free YouTube comment bot software. What a Christmas gift from the U.S. guhmit.

    7. Re:Probably not a trademark violation by Smallpond · · Score: 1

      "The Paper" would have been a good movie except for the extended Coke product placement which pretty much ruined it.

    8. Re:Probably not a trademark violation by rust627 · · Score: 1

      So product placement isn't advertising ?

      Tell the tax office straight away so that they can refuse all the claims for product placement in (Insert multinational of choice name here) advertising budget

      --
      da da da dum indeed.
    9. Re:Probably not a trademark violation by dgatwood · · Score: 1

      Sure, product placement is advertising, but the movie as a whole isn't advertising; only the portion of it that constitutes a paid product placement is advertising. Unless someone paid WB to advertise Louis Vuitton products, the incidental use of that name in a movie is clearly not a use in commerce.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re:Probably not a trademark violation by sjames · · Score: 1

      And explicitly claimed it was the real thing.

      Honestly, I'm skeptical of all of these IP claims, but it's hard to feel much sympathy for the defendant in this case given their past behavior.

    11. Re:Probably not a trademark violation by LMariachi · · Score: 1

      LV is alleging trademark infringement, which is why it's relevant that Warners doesn't make handbags. Your attempt at a parallel is copyright infringement, where it would be irrelevant that you don't make anything they do.

    12. Re:Probably not a trademark violation by Maxo-Texas · · Score: 1

      Warner is selling those pictures for money.

      I.e. Warner is selling the look and feel of LV bags to make money for Warner.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    13. Re:Probably not a trademark violation by Anonymous Coward · · Score: 0

      So, the filming of the movie (and all associated costs and payments) wasn't commerce? Sales of movie tickets isn't commerce?

      (Mind you, I'm not saying that I disagree with the *sentiment* of what you're saying, but according to the laws we have on the books, and how they've been enforced in the past, WB is in legal trouble here.

    14. Re:Probably not a trademark violation by dgatwood · · Score: 1

      Book covers aren't generally even considered commercial use under U.S. law, much less a minor scene in a movie. As I understand it, U.S. law defines "commercial use" pretty narrowly. If it isn't a commercial or an advertisement, it doesn't count, and even then, it doesn't always count.

      More to the point—and I realize this explanation is a bit imprecise, but it's in the ballpark—if you aren't specifically using the mark to describe your product in an ad, it doesn't count, and even if you are using the mark to describe your product, as long as you are using the mark descriptively (compare to [competing product]), you probably aren't infringing.

      Generally speaking, you have to work pretty hard to infringe a trademark in the U.S. It's not something that happens accidentally. Unless WB has gone into the counterfeit handbag market, I think they're probably safe.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  15. We're all thinking it, so I'll say it... by sconeu · · Score: 2

    Bwahahahhahahahahahah!!!!

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  16. Sorry, I don't see it. by meerling · · Score: 4, Insightful

    It was used as a prop in a movie. Nobody thinks that's real, like the whiskey and champagne they supposedly drink in the movies, it's just a prop. I'd be amazed if they'd spend the insane amounts of money for one of those ugly bags, when they can get something that looks the same on film for a tenth or less the price.

    If they had said that Louis Vuitton bags caused cancer and alien leprosy, maybe I could see the point of a slander/libel suit (no idea which applies to films), but for using a lookalike prop? OMG - They'd have to start using the real Mona Lisa, Spacecraft, Prize winning Livestock, etc... Yeah, right.
    I think they'd also have a case if the filmmakers were selling the props as the real thing. Obviously selling a prop as a prop is just memorabilia, and not counterfeiting, but as far as I know, they aren't even doing that.

    The Louis Vuitton bag makers have apparently lost their sanity, and this lawsuit is the proof.

    1. Re:Sorry, I don't see it. by BeerCat · · Score: 3, Interesting

      It was used as a prop in a movie. Nobody thinks that's real, like the whiskey and champagne they supposedly drink in the movies, it's just a prop. I'd be amazed if they'd spend the insane amounts of money for one of those ugly bags, when they can get something that looks the same on film for a tenth or less the price.

      It may be "something that looks the same", but if they didn't ask LV for permission, then it is IP infringement.

      Of course, your argument is based on logic and common sense, something lacking in the murky world of IP 'protection'

      --
      "She's furniture with a pulse"
    2. Re:Sorry, I don't see it. by Anonymous Coward · · Score: 0

      Why isn't this considered free advertising for LV? I thought that generally companies had to pay to be in movies, and by showing the bag anyway it was free?

    3. Re:Sorry, I don't see it. by king+neckbeard · · Score: 1

      Because they aren't advertising a real bag.

      --
      This is my signature. There are many like it, but this one is mine.
    4. Re:Sorry, I don't see it. by sandytaru · · Score: 3, Interesting

      If they had paid LV $10,000 to use a real bag, or obtained genuine LV luggage from other means (like, borrowed it from someone that had the real deal) LV would not have much complaint. However, they have a character claiming out loud that the ripoff luggage is LV, calling it by name, when it is just as much a pirated version as a $3 DVD from Chinatown is of this movie. LV doesn't have much of a chance of winning the lawsuit, but they're proving a point that the Internet isn't the only place copyright infringement occurs, and if WB was serious about battling piracy for everyone they'd take better precautions to avoid violating their own demands.

      --
      Occasionally living proof of the Ballmer peak.
    5. Re:Sorry, I don't see it. by erroneus · · Score: 1

      There is probably tons of precedent on this. This is why you frequently see products with their logos taped over or obscured. It's why you see white beer cans with just the word "BEER" on them instead of creating a label which merely looks like a particular brand of beer. "Looking like" an LV bag is enough to win the case I suspect. They probably would have been better off borrowing a bag from one of their wives or girlfriends for the shooting. But who knows.

      The thing I find most troubling about this type of case is that for all these decades, the industries involved haven't managed to eat each other into oblivion... I really wish they would.

    6. Re:Sorry, I don't see it. by king+neckbeard · · Score: 1

      A lot of the times, what you are talking is done to avoid giving a certain company free advertisement. This could be a particular problem if the program features Yuengling and Budweiser is one your biggest advertisers. Also, fashion tends to have weaker protection, since trademark doesn't protect functionality, and a big part of the functionality of fashion is looking nice. The design on a beer can doesn't make your beer taste better.

      --
      This is my signature. There are many like it, but this one is mine.
    7. Re:Sorry, I don't see it. by houghi · · Score: 1

      when they can get something that looks the same on film for a tenth or less the price.

      They GET money to use it. Probably the product placement deal fell through and nobody told the writers.

      This will most likely be dealth with out of court for an undisclosed amount of money. Most likely not even money, but free product placement in some movies.

      Look for the LV logo on Batmans next costume.

      --
      Don't fight for your country, if your country does not fight for you.
    8. Re:Sorry, I don't see it. by Anonymous Coward · · Score: 0

      The LV brand name was mentioned by name, and used as a plot point. LV is therefore required by law to defend themselves, or risk losing the rights in their brand. This was a no-brainer, I guess the WB lawyers have no brains.

    9. Re:Sorry, I don't see it. by Tom · · Score: 1

      They're being sued for trademark infringement, not piracy as the bad /. summary alleges.

      And for TM case, they might actually have a good point.

      --
      Assorted stuff I do sometimes: Lemuria.org
    10. Re:Sorry, I don't see it. by R3d+M3rcury · · Score: 1

      It was used as a prop in a movie. Nobody thinks that's real, like the whiskey and champagne they supposedly drink in the movies, it's just a prop.

      For a prop, it's actually referred to by brand. FTFA:

      [...] luxury goods maker Louis Vuitton accused Warner Bros of ignoring its instructions not to use a fake handbag in an airport scene in the Hangover II. In the scene, Alan (played by Zach Galifianakis) carries luggage marked LVM and warns another character “Careful, that is.. that is a Louis Vuitton.”

      It would be one thing if it were a bag and the Louis Vuitton logo was not shown and they didn't have that line. Then it'd be a prop. But when you start having it be a particular brand and refer to that brand, it stops being just a simple prop.

    11. Re:Sorry, I don't see it. by Anonymous Coward · · Score: 0

      On the flip side imagine if somebody held up a Samsung Galaxy 2 in a movie and called it an iPhone! That would probably be enough to get Steve Jobs back up to come after them. In the computer world we are used to computers mislabeled all the time... obvious PPC Macs getting BSOD errors in one TV commercial takes the cake, but it's all over.

      But in the world of fashion, branding is everything. If somebody saw a LV bag in a movie, then they might expect THAT exact bag to be in a LV store... so the store has to explain it's not a real bag they offer for sale. Branding is critical because it's the only real business they have. Half the time the raw materials for the fakes comes off the same manufacturing lines as the "legitimate" stuff does. The same for branded clothes, shoes, furnishings, etc.

    12. Re:Sorry, I don't see it. by LMariachi · · Score: 1

      It may be "something that looks the same", but if they didn't ask LV for permission, then it is IP infringement.

      That's just not true. LV's only case would be if their brand were defamed by its use in the movie, like if a character said “Man, these Louis Vuitton bags are of surprisingly low quality!”

    13. Re:Sorry, I don't see it. by Anonymous Coward · · Score: 0

      However, they have a character claiming out loud that the ripoff luggage is LV, calling it by name

      Maybe the viewer was intended to realize this. It might be a part of the character that he would do such a thing. It might be it just doesn't fit this character to be using the real thing.

      If you really can see the difference in the movie, then the right thing for the moviemakers to do is to figure out if this character is going to be carrying the real thing or a replica, and then make it so in the movie. Now if it happens that this character would know the difference and would have been carrying the real thing, then the moviemakers made a mistake. I don't see this mistake listed on http://www.imdb.com/title/tt1119646/trivia?tab=gf, but I don't know if it is a mistake or if it was intentional.

    14. Re:Sorry, I don't see it. by xenobyte · · Score: 1

      ... like the whiskey and champagne they supposedly drink in the movies, it's just a prop

      No rule without an exception... When J.R. Ewing drank whiskey in "Dallas" it was the real stuff. Larry Hagman who played J.R. had it in his contract. No cheap stuff either by the way. Surprisingly he's still around these days, although he's on his third liver and on the wagon... ;)

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    15. Re:Sorry, I don't see it. by gnasher719 · · Score: 1

      That's just not true. LV's only case would be if their brand were defamed by its use in the movie, like if a character said âoeMan, these Louis Vuitton bags are of surprisingly low quality!â

      Their brand is defamed by showing a cheap rip-off handbag and claiming it is a genuine Louis Vuitton bag, because the viewer may very well believe that the cheap, ugly, low quality is indeed a genuine LV bag and conclude that LV sells cheap, ugly, low quality bags at high prices.

    16. Re:Sorry, I don't see it. by Endo13 · · Score: 1

      If you really can see the difference in the movie, then the right thing for the moviemakers to do is to figure out if this character is going to be carrying the real thing or a replica, and then make it so in the movie.

      And if that's the case, they needed to get permission from LV to refer to a counterfeit product as the real thing. It's that simple.

      but I don't know if it is a mistake or if it was intentional.

      They knew the bag was a fake, they knew they hadn't cleared it with LV, they were warned, and they went ahead anyway. It really doesn't matter if it was intentional or not.

      WB deserves exactly what they're getting; for such a big-budget movie from such a major production house this is a major mistake. They knew what they were doing and they didn't care. I don't give half a rat's ass about LV, but WB is just getting a taste of their own medicine here.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  17. Re:Thats just FUD by newcastlejon · · Score: 1

    Spare us. Even though it's an appeal to authority I'm sure NewYorkCountryLawyer knows a shit-load more about conflicts of interest than most people here, including me.

    And you.

    Personally, after reading a little about Hollywood accounting years ago, I shed my last tear for Big Celluloid.

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  18. The subject by Anonymous Coward · · Score: 0

    Whats the problem? Warner Brothers should just sue anyone for mentioning, saying or writing the name "Warner Brothers"...
    Warner Brothers
    Weiner Brothers
    Warner Brothers
    Warner Brothers

    1. Re:The subject by Anonymous Coward · · Score: 0

      Careful. I hope you didn't have a candle by your side while typing that.

      You might awake the sleeping demons.

    2. Re:The subject by rust627 · · Score: 1

      Apparently warner brothers sued the marx brothers over something related to the movie "A night at the opera" (I can't remember the details here and I am happy to be corrected).
      The Marx Brothers countersued Warner Brothers over the use of the word 'Brothers' In their name, as it seems there weren't really any brothers with the name Warner running the business.......

      --
      da da da dum indeed.
    3. Re:The subject by Drgnkght · · Score: 1
    4. Re:The subject by Drgnkght · · Score: 1

      Oops, forgot to include this link as well in my previous post.

  19. Advertising? by ehiris · · Score: 1

    Sounds like Louis Vuitton is using this to advertise more of their really ugly products.

    How could they have been hurt with product placement?

    1. Re:Advertising? by Surt · · Score: 1

      LV sells ugly bags at high prices. Having a superior counterfeit advertised as LV undermines their marketing efforts because it creates the impression that those nice bags you can buy near the airport are actual LV.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Advertising? by Maximum+Prophet · · Score: 1

      Even worse for LV, is the perception in the public that a fake LV is just as good, or even better than a real LV. "Look, that *Star* is using a fake LV, I must get a fake LV for myself".

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  20. Why Permissions for showing item in movies? by tahuti · · Score: 4, Insightful

    Why it is required permission of the manufacturer to show item in the movie? Second if item is going to be destroyed wouldn't it be expected for fake to be used? Is it legally required or "keep court away".

    1. Re:Why Permissions for showing item in movies? by mapuche · · Score: 2

      It's a a trademarked item, they need clearance to use their image. It's the work of the producers to get this permission:

      http://www.ehow.com/about_6459371_trademark-symbol-usage-movies.html

    2. Re:Why Permissions for showing item in movies? by tahuti · · Score: 1

      Just to make sure if I understand, lets say I film a car, so if I don't film manufacturer logo it is ok, but if I do than I am in trouble? Can actor refer to the car's manufacturer if you don't show logo? How this type of Intellectual Protection works for books, graphic novels, photography? It looks very murky to me.

    3. Re:Why Permissions for showing item in movies? by LMariachi · · Score: 1
      From your own link:

      Generally, producers can include a trademark in a movie or TV production as long as it does not result to particular changes in the trademark or the product bearing the trademark outside the trademark holder's intention. Disputes may arise if the two parties don't agree with how the trademark should be used.

      So no, they don't need clearance to use the brand in an unaltered and non-derogatory fashion.

    4. Re:Why Permissions for showing item in movies? by mapuche · · Score: 1

      If you film a person or car among a large group, you're ok. But if you film a car/person in particular you may be in problems.

    5. Re:Why Permissions for showing item in movies? by mapuche · · Score: 1

      "So no, they don't need clearance to use the brand in an unaltered and non-derogatory fashion."

      From your quote:

      "Disputes may arise if the two parties don't agree with how the trademark should be used."

      Guess what just happened?

    6. Re:Why Permissions for showing item in movies? by rohan972 · · Score: 1

      You can use a car in a film, you can show the badge and refer to it by the company name.
      You can't use a cheap car, put an expensive car's badge on it at refer to it by the expensive car companies name.

      It's pretty simple, doing the second has the potential to negatively impact the brand.

    7. Re:Why Permissions for showing item in movies? by LMariachi · · Score: 1

      What happened is a disagreement over whether the use of the mark is derogatory, not a violation of the nonexistent requirement to seek permission in advance.

  21. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 5, Funny

    No, they will say either 1) "It's not a knock-off; it's a parody." or 2) "We bought the bag, we can use it however we like."

  22. Movies and Music are not intellectual property! by Anonymous Coward · · Score: 0

    Someone should tell this New York lawyer that movies and music
    are "ARTISTIC PROPERTY". Always has been, always will.

    It's only those 'who lack standing' [lawyers], who are make the assertion.

    It would be impossible for Snoop-Dog or Barbra Streisand to try and
    claim that their work should be defined as intellectual property.

    I have 6 sole patents and one shardd, I know what IP really is.

    Dr.Science

  23. free product placement and they sue? by bre_dnd · · Score: 1

    LV bags are expensive -- and the magic aura is created by having chosen celebrities photographed. I'm not sure how mentioning a brand name is *ever* relevant to the plot of a movie. Basically LV is getting free mention -- were they too cheap to provide the goods?

    1. Re:free product placement and they sue? by demonlapin · · Score: 1

      If it's a fake, it is potentially damaging to the brand.

      Don't forget that there are reasons why really expensive stuff is really expensive. Yes, part of it is paying for brand identity, and people who buy LV bags aren't going to balk over $50 or $100. But they expect insanely high quality, and they get it - genuine high-end stuff really is made with better, softer leather. It's hand-stitched. It's highly durable. My mother-in-law has a Vuitton purse that has withstood ten years of near-daily use. A friend of mine owns a tailoring shop; even the cheapest clothes he makes look better and feel better than anything you can get off the rack at a department store or Joseph A. Bank, and the more expensive stuff (made with more expensive fabric) really does make a difference in how the clothes look and feel.

      Is it worth it? I might not do all of my clothes through him if I had to wear a suit to work every day, but it really is a lot more pleasant to dress up when you've got top-notch clothes to do it in.

    2. Re:free product placement and they sue? by dgatwood · · Score: 2

      But they expect insanely high quality, and they get it - genuine high-end stuff really is made with better, softer leather. It's hand-stitched. It's highly durable.

      None of which is relevant in a prop, as you can't see "soft", "durable", or "hand-stitched" on the screen. I mean, as much as I'd love to see WB lose some sort of high-profile IP infringement case to make a mockery of them, this may be the dumbest possible example of IP infringement I can think of.

      Heck, I'm not convinced it is actual infringement. At no point did WB claim that the product was an LV bag. A character in a fictional story made the claim. A character can also make the claim that the White House just blew up. Nobody is going to go running out of the theater to call a family member in D.C. to make sure he or she is okay. It's fiction. A character can claim that they have a LV freezer bag and it's still not likely to be a problem in a court of law.

      The only thing dubious is that technically the use or continued possession of a known counterfeit might be a violation if the original design is protected by a patent and the knock-off violates it. Other than that, LV should have no case, and the judge should laugh them right out of the courtroom.

      The best part was the comment by an AC that WB was warned before releasing the DVD and Blu-Ray. So apparently LV expects WB to go back and remake part of a movie that has already been shown in theaters to fix what amounts to a very minor technical error in the props department. Even though I would love to see WB lose an IP case, it shouldn't be this case. I hope WB spanks LV and gets a damage award of court costs and fines for frivolous litigation on top of the win.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:free product placement and they sue? by Anonymous Coward · · Score: 0

      They're misrepresenting the trademark.

      I don't think Coke would like it very much if the main character in a story asks someone for a Cola-a-Cola by name and gets handed a Pepsi, which he proceeds to open and drink, commenting on how refreshing it was.

    4. Re:free product placement and they sue? by dgatwood · · Score: 1

      I'm a lot more familiar with copyright and patent law than trademark law, so I could be missing something, but AFAIK, unless WB is using the mark in commerce (and no, talking about something in a movie is not use in commerce), it's not dilution, and thus WB isn't in violation of trademark law. Assuming they don't have any contractual obligations to LV, I can't see how this is a problem.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:free product placement and they sue? by Zironic · · Score: 1

      Yeh... you don't get away with infringement by saying that your fictional character did it.

  24. Missing the joke by king+neckbeard · · Score: 3, Insightful

    I haven't seen the film so I can't confirm it, but in the clip Zach's character clearly mispronounces Louis Vuitton as Lewis Vuitton. That would seem to suggest he knows jack shit about fashion. I can't find a high quality shot of the bag itself, but TFA says the bag is "marked LVM." That would seem to suggest that it's a rather pathetic knockoff, and that's possibly the joke itself. Thus, LV wants WB to pretend a real LV is a fake LV, and deserves to be slapped for being so stupid.

    --
    This is my signature. There are many like it, but this one is mine.
    1. Re:Missing the joke by Anonymous Coward · · Score: 2, Insightful

      I pretty sure these people see the joke. The thing is ... they don't have a sense of humor that is even recognizably human.

      Personal anecdote, at my job, we're serving the web needs of one of these high end jewelry/fashion companies and they are beyond ridiculous when its comes to presenting their brand. Our art director managed to put a wrong albeit all too similar font in an internal mockup and the company accused him of "demeaning the brand". Not a "hey, you got the wrong font" but a "you just metaphorically tea bagged us" on an internal only mock up. Part of me wanted to smack them upside the head, but the thing is, our art director is a royal cock so I was actually pleased when they asked him to be removed from the project. And that's just one event. They've gone nuts over trivial bugs.

      In any case, If it was their piece of shit jewelry in this production, half the company would die from shock whereas the other half would charge the production office with bayonets extended.

    2. Re:Missing the joke by Anonymous Coward · · Score: 0

      Kinda like the "Versayse" dress the main character makes in "Showgirls".
      Say, you don't suppose MGM is going to sue Warner Bros. for knocking off that joke, do you?

  25. Re:Thats just FUD by Anonymous Coward · · Score: 0

    How on earth do you have a UID that low and not know of NewYorkCountryLawyer.

  26. in moives and tv shows it does not work like that by Joe_Dragon · · Score: 1

    If 2 is trun then why do some many reality shows show people with blacked out / taped over t-shits and some times background logos as well?

  27. Re:in moives and tv shows it does not work like th by jtownatpunk.net · · Score: 5, Insightful

    Because the companies that owned the rights to those logos wouldn't pay for product placement.

  28. Re:Thats just FUD by Stormwatch · · Score: 5, Informative

    Because, of course, it's impossible to create a Slashdot name like that unless the creator is a lawyer.

    No, but we know he is.

  29. wilful? I hope so. by erroneus · · Score: 1

    If it's wilful, they get enhanced damages assessed against them.

    But you know, those movie makers always "make a loss" on every movie. It's the other supporting companies which they also own which make the profits. This way they can claim they didn't make any money and cheat everyone who signed up for a portion of the profits. It's how they work. So if the awarded damages are a portion or even ALL of the money they made from a given movie, LV will get nothing. I hope LV's lawyers are already well aware of the ways these jackasses protect themselves and have figured a way around and through the problem.

  30. potrayal by Intropy · · Score: 1

    The bag was portraying a Louis Vuitton bag. That doesn't mean it really is one. It's fiction. They didn't really lose someone in Thailand either.

  31. Re:in moives and tv shows it does not work like th by Alphathon · · Score: 4, Insightful

    While it may not apply across the board, it is certainly possible that they don't want to give said brands free advertising, or don't want to be seen to be endorsing a particular company/brand/idea.

  32. Re:Thats just FUD by AngryDeuce · · Score: 4, Insightful

    Personally, after reading a little about Hollywood accounting years ago, I shed my last tear for Big Celluloid.

    Yeah, really. When you read the list of movies that have "lost money" on paper (Forrest Gump, Coming to America, The Lord of the Rings films, Spider-Man, JFK...to name a few) it's hard to take any claims they make seriously.

  33. Better idea by jd2112 · · Score: 1

    Perhaps LV should just release a bag based on the one in the move. What are the makers of the 'knock offs' going to do, sue them?

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  34. Damage calculation guideline by someone1234 · · Score: 1

    (How many people saw the film + how many dvd's being made) * price of an original LV bag * punitive penalty

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  35. Re:Thats just FUD by PyroMosh · · Score: 4, Interesting

    Yeah, as others have alluded to, NewYorkCountryLawyer is one of several well-known Slashdot users. Like CleverNickname and some others of note.

    Maybe not everyone on Slashdot knows who these folks are, but they are known by many if not most.

  36. Re:in moives and tv shows it does not work like th by Anonymous Coward · · Score: 0

    Or the logo is considered gang related like rap videos that sensor out Raider jerseys and such because particular gangs where the clothing. But yeah no free advertising if you want your product on Survivor it better be a pizza or a new smart phone that they can give to the cast with a glaringly obvious plug "the new Samsung X5 it does video conferencing and has sex with your mother", and everyone touches and goes "wow I wish we had those in my day". If you don't pay you don't get shown. That way when they get a beer company say as a sponsor they don't have a dozen episodes showing their stars drinking the other guys beer.

  37. Troll summary is trollin' by geminidomino · · Score: 0

    Apparently Warner Bros. takes IP rights seriously only when its own IP rights are involved."

    All right, really? I hate "Big IP" as much as the next fanatic (my posting history will bear that out), but come on. Let's be honest.
    The only people who give a fuck about stupid "handbag" IP is the designers themselves and the type of schmuck who will pay $2-3000 for "designer" shit so they can snob it. For most people, if the knockoff is good enough that the seams don't split, they could give a shit.

    Same goes for clothes designers. Fuck 'em.

    1. Re:Troll summary is trollin' by nospam007 · · Score: 1

      It's exactly these guys who are behind the new counterfeiting laws they want to push, albeit they're french, they sell tons to the American 1%, so they can't have the 99% faking it.

      Below an excerpt from WP of LVMH, the parent company behind it.

      A partial list including some of LVMH's most well known brands and subsidiaries:

      Moët et Chandon Wines and Spirits
      Krug, Wines and Spirits
      Veuve Clicquot, Wines and Spirits
      Mercier, Wines and Spirits
      Château d'Yquem,Wines and Spirits
      Hennessy, Wines and Spirits
      Glenmorangie Wines and Spirits
      Belvedere, Wines and Spirits
      Ardbeg, Wines and Spirits
      Domaine Chandon, California Wines and Spirits
      Fendi, Fashion and Leather Goods
      Donna Karan, Fashion and Leather Goods
      Givenchy, Fashion and Leather Goods
      Kenzo, Fashion and Leather Goods
      Berluti, Fashion and Leather Goods
      Louis Vuitton, Fashion and Leather Goods
      Marc Jacobs, Fashion and Leather Goods
      Loewe, Fashion and Leather Goods
      Céline, Fashion and Leather Goods
      Thomas Pink, Fashion and Leather Goods
      Acqua di Parma, Perfumes and Cosmetics
      Parfums Christian Dior, Perfumes and Cosmetics
      Guerlain, Perfumes and Cosmetics
      Bulgari, Watches and Jewelry
      TAG Heuer, Watches and Jewelry
      Zenith, Watches and Jewelry
      Hublot, Watches and Jewelry
      Chaumet, Watches and Jewelry
      Sephora , Selective Retailing
      DFS, Selective Retailing
      Le Bon Marché, Selective Retailing

    2. Re:Troll summary is trollin' by NewYorkCountryLawyer · · Score: 1

      I hate "Big IP" as much as the next fanatic

      Every time I see a Slashdot comment begin in that format, a little buzzer goes off in my head.

      --
      Ray Beckerman +5 Insightful
    3. Re:Troll summary is trollin' by geminidomino · · Score: 1

      Well, let's be honest. Even setting aside the self-serving whining that rivals game publishers' whinging about 'used games are no better than piracy', even TV/Movies treat the guys like a joke.

      The only example I can name specifically off the top of my head was an episode of Monk. I think Malcom McDowell played the designer...

  38. Re:Thats just FUD by houstonbofh · · Score: 1

    Of course, actually reading his posts over the YEARS would tell you that he has a clue. Your's actually do for the most part as well... Did you leave yourself logged in somewhere?

  39. For real, like the pirate in Somalia by Anonymous Coward · · Score: 0

    How many did the pirates kill in the process of stealing their colors?

  40. Karma by Anonymous Coward · · Score: 0

    WB: this is what you get for being a copyright bully. Burn in hell, assholes.

  41. It's a fake! by ath1901 · · Score: 1

    In other news: Walther sues Bond movie for not using a real gun...

    1. Re:It's a fake! by mapuche · · Score: 1

      And how about rising $45 M with product placement?

      http://www.iamrogue.com/news/movie-news/item/3546-bond-23-to-set-record-for-product-placement.html

    2. Re:It's a fake! by Endo13 · · Score: 1

      I'd bet pretty good money Walther gets their cut for the use of their trademark in the movies. Either that or they're paying the producers to use the replicas.

      The point is that Walther is involved in the process and has given their permission.

      Worthy of note here is that the N64 game Golden Eye didn't use the names of real guns, presumably because they didn't get permission.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  42. Re:in moives and tv shows it does not work like th by Anonymous Coward · · Score: 0

    or the brand in the background is a competitor to the brands that did pay or it is something that they are not allowed to advertise, like alcohol or tobacco

  43. Re:Speaking of Peanuts... by Mikkeles · · Score: 1

    Their Warts are great, too!

    --
    Great minds think alike; fools seldom differ.
  44. Re:Thats just FUD by Anonymous Coward · · Score: 0

    Being a known slash dot user is a disservice, not a meritorious quality.

    Like being a Congress member, it says a lot against you.

  45. What we have learned from this by Anonymous Coward · · Score: 0

    What we have learned from this:
    IP is critically important, when its My P. Your P doesn't rhyme with IP, so ... meh.

  46. Re:they will just shift the blame to some other pe by QuasiSteve · · Score: 2, Insightful

    yes, as opposed to the 'pirate' who will take the blame with pride and meet them head-on in court!

    oh, wait.. no...
    their wireless was hacked!
    it was a DHCP'ed connection and it was somebody else!
    it was somebody else in the household and even though they pay for the connection that doesn't make them responsible!
    their IP was spoofed!
    their ISP's DHCP records are mistaken!
    the upload was only named after the movie but it was actually a private collection of poems in third person!
    the file was shared automatically by the software and they didn't know this was happening!
    a guy saying they were a representative told them to share it - and he looked very trustworthy - sounds legit!

    For further 'shifting the blame' awesomeness, see every single story on 'piracy'.

    Somehow I suspect that WB will either A. pay up or B. (don't know the movie) suggest that the knock-off LV was actually part of the story as being a knock-off.. at which point LV will have to claim that knock-offs still command royalties to them and that'll be that.

    It's 'embarassing' only when the audience is e.g. Slashdot, not when it's any of the legal eagles who deal with exactly this (product placement/featuring in audio/visual productions) subject matter day in, day out.

  47. RIAA Math by Anonymous Coward · · Score: 0

    With everything fair, we can compare this to cases like those of Jammie Thomas. 24 songs = $1.5 million according to these media groups, or about $60,000 apiece. Assuming a song is worth $1 (like on iTunes), this is a multiplier of 60,000. A cheap Vuitton bag is $500 (I'm being pretty generous here - they probably used a knock off of a more expensive bag). With the same multiplier as the RIAA uses, WB therefore owes about $30 million.

    Yes, yes, I know that copyright isn't trademark and all that. The point is that if you were to be fair and charge these insane statutory damages with the multiplier these groups feel is appropriate, WB owes $30 million for a handbag. In fact, if you go with the reduced damages that keep popping up for Thomas, at ~$2000 per song, then WB would then owe $1 million for a handbag.

    Of course that will never happen. They'll find a way to pay each other off, because they can't really 'scare' each other into submission like the RIAA can individuals.

  48. Re:they will just shift the blame to some other pe by geoskd · · Score: 3, Informative

    No, they will say either 1) "It's not a knock-off; it's a parody." or 2) "We bought the bag, we can use it however we like."

    2) I cant help but be reminded of those retarded adds at the beginning of DVDs: Buying pirated DVDs is stealing.

    Buying pirated goods is stealing. Seems like as good an analogy as any, I hope someone faces some jail time for this. It seems the only fair way to proceed given the content industries attitudes and stance in these and related matters...

    -=Geoskd

    --
    I wish I had a good sig, but all the good ones are copyrighted
  49. What if someone pirates a copy of movie? by gstrickler · · Score: 1

    They'll have pirated an image of a fake, so clearly LV doesn't have a claim, and WB would be trying to assert IP rights for a fraudulent product. IANAL, but that could create some interesting arguments.

    --
    make imaginary.friends COUNT=100 VISIBLE=false
  50. Re:in moives and tv shows it does not work like th by arth1 · · Score: 2

    then why do some many reality shows show people with blacked out / taped over t-shits and some times background logos as well?

    In addition to what others have mentioned, it is also sometimes done to protect the privacy of the person filmed. A T-Shirt saying "Old Dime Bag High School" makes it too easy for stalkers and haters. Similar with logos that can be used to identify locations.

    Then there are also sometimes legal issues of other kinds, like prohibition against alcohol, tobacco and medicine advertising in some countries requiring that brand names on such products be hidden, while the generic product is allowable.

  51. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 0

    There should be a cease and desist order against WB to stop all operations and shutdown until this can be resolved. Lest they violate more trademarks in the interim.

    I am shocked and appalled by the actions of the WB corporation. Their flagrant violation of the Trademarks rights is a slap in the face too all those that stand for the rights of creators everywhere.

  52. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 0

    There are also lots of knock-off Colts and Smith&Wessons in movies, real fakes, they don't even shoot real bullets. At least you can put some stuff in these handbags.

  53. Ask for a % by Anonymous Coward · · Score: 0

    Ask for 10% of the GROSS.

    1. Re:Ask for a % by Endo13 · · Score: 1

      That's already been covered in previous articles about Hollywood accounting. Sell the movie for $1 to a parrent/affiliate company. Done. Here's your 5% of the gross: $0.05. Don't spend it all in one place.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  54. It's a prop! by egburr · · Score: 1

    It's just a prop. Do props have to be the real thing? Should we sue because the nuclear sub in a movie isn't a real nuclear sub? How about an intergalactic space ship? Maybe we should go back to obvious props like laundry detergent being labeled "SOAP" and soda pop being labeled "COLA" and so on.

    Or maybe expand the standard disclaimer "any resemblence to real people or events is uninentional" to add "or objects".

    --

    Edward Burr
    Having a smoking section in a restaurant is like having a peeing section in a swimming pool.
    1. Re:It's a prop! by Issarlk · · Score: 1

      I'm sure there would have been no problem if the bad had appeared in the movie, without being called "Louis Vuiton". The problem is the character calling it a "Louis Vuiton".

    2. Re:It's a prop! by egburr · · Score: 1

      but that's the whole point. Do you really think a bottle of Jack Daniels in a movie really contains Jack Daniaels or even real whiskey? Do you think some guy in a white house set that some other character calls "Mr. President" is really the president or even an actual politician? What makes the "Louis Vuiton" bag so special that the prop has to be an actual LV bag?

      --

      Edward Burr
      Having a smoking section in a restaurant is like having a peeing section in a swimming pool.
    3. Re:It's a prop! by Endo13 · · Score: 1

      No, the point is that they specifically referred to a counterfeit as the real thing without getting permission. You can do whatever you want, as long as you have permission from the IP holders. Not only did WB not bother with getting permission, they were even warned before the film was released and still did whatever they wanted. Now they get to taste their own shit. Hope they like it.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  55. biz as usual by Anonymous Coward · · Score: 0

    i think this is the average case for people in this world. people only care about their immediate surroundings. big deal. get over it. want to change that? go to some random person and give him a million bucks. then come back and tell me that's not how everyone is.

  56. Hehe by lightknight · · Score: 1

    It's always a source of amusement to see the moving pictures industry go after people over intellectual property issues, when their origins (and placement in the republic of California) was due to them skirting the intellectual property laws of their day.

    And now they're trying to defend themselves against an IP suit. Fun when you're the one suing, not so much when you're the one being sued.

    --
    I am John Hurt.
  57. Re:Thats just FUD by Anonymous Coward · · Score: 0

    That's why I always astroturf as AC.
      - Bill G

  58. The counter suit by EnempE · · Score: 1

    Viacom owns Time Warner, which owns Warner Brothers. Viacom also owns Paramount Studios, which owned Paramount Animation and hence Felix the Cat production inc. which in 1958 produced a cartoon entitled 'the magic bag'. The pattern and styling of this bag looks to have been heavily borrowed from for the Luis Vuitton style. The felix bag is yellow and black, and the LV bag is green and gold, but it is similar enough that some consumers could be confused as to the creator of the bags. Warner counter sues that the LV 'look' is actually the property of its parent company, LV settles out of court to avoid its prestige product line from being associated with a children's cartoon (arguably created by a convicted pedophile). Problem solved.

    1. Re:The counter suit by vux984 · · Score: 1

      but it is similar enough that some consumers could be confused as to the creator of the bags

      That would only be argument in a trademark lawsuit.
      The bag in "The Magic Bag" was not trademarked.

      Worst. Lawsuit. Ever. :)

    2. Re:The counter suit by Anonymous Coward · · Score: 0

      I thought it would be copyright infringement. The LV pattern could be considered a derivative work of the pattern on the felix magic bag.

      Fortunately, I am no expert on IP law so I can't disagree with you, but

      Considering the first lawsuit, I thought they were in the same ballpark. Besides, you wouldn't have to win the case to win by associating LV with the idea of hypocrisy on copying and Felix the cat.

  59. Doesn't Matter if It's Fiction by Greyfox · · Score: 1
    Warner could have called it "Brand X Bag" or damn well anything else and been fine, but they wanted the trademark name recognition without actually having to pay for the trademark in any way. It's funny because it's exactly what they've been claiming everyone else does. I'm sure there are special provisions in the SOPA for exactly this sort of "Piracy" too! Good thing it hasn't been passed yet or Warner Execs would suddenly find themselves at Gitmo getting their testicles shocked until it is deemed that they've paid for their crime. Or their testicles no longer respond to being shocked, which is more likely. I bet the IP overhaul isn't looking so good to them now!

    Speaking of which, I just had a great idea for a movie. Hmm...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  60. The only people who take "IP rights" seriously.... by Snaller · · Score: 1

    ... are people who "own" them - otherwise people know its a sham.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  61. Fashion Fags FTW by Khyber · · Score: 1

    You have to hand it to us fashionable queers, we don't take this kind of shit lightly.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  62. Huh? This is a "crime"? by Anonymous Coward · · Score: 0

    How is this even actionable? Why doesn't LV sue the actual pirate?

  63. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 0

    They should have waited a month or so for SOPA to be passed, then they could just confiscate warner brothers' domain names.

  64. so warner is like all other people or groups lol by Anonymous Coward · · Score: 0

    whats the surprise? there is no such thing as intellectual property, everyone knows that...until they think someone else might make a nickle using their idea without paying them 4 cents lol.

  65. Apparently Warner Bros. takes IP rights seriously by lcllam · · Score: 1

    FTA: "Apparently Warner Bros. takes IP rights seriously only when its own IP rights are involved." Doesn't everybody?

  66. Luxury Watches, Bags, Shoes by dubbreak · · Score: 0

    In the Louis Vuitton store online shopping(shopping louis vuitton) Louis Vuitton outlet bags purchase, or other commodities, the first is the goods than the three, which can be save you some unnecessary expenses, don't see the one I love bag will be busy with the purchase, the best way is to forget this bag type, title and other characteristics, and then to Google search, look at other online shopping mall will also have the bag, then, you can for the several Louis Vuitton shop can.

    I was firstly attracted by the name of this bag—Totally MM, really a fashion name for girls. And then I was fascinated by its enticing shape which makes my eyes open wide. Unlike other designer bag, Louis Vuitton bag has stylish and practical rounded pockets on every sides, ideal for houses magazines or other daily essential. Crafted in Monogram canvases, it sport natural cowhide trimmings. The golden brass hardwares adds touch of sumptuousness and stylishness to the totality, while two flat straps are also highlight that captured me. Made of natural cowhide leather, it goes perfectly matched with the Monogram canvases, bringing a fresh and feminine look which also guarantees the comfort of carrying over the shoulder.With a wide zipper closure, this designer bag opens to reveal spacious interior

    --
    "If you are going through hell, keep going." - Winston Churchill
  67. Sooo funny by SilverBlade2k · · Score: 3, Interesting

    Lets see what would happen if Louis Vuitton succeeded if SOPA was in place: 1) Louis Vuitton would force all theatres to stop showing the movie 2) Would have all DVD/Blu-ray copies pulled from the shelves 3) Would have all of the WB execs pay a huge fine 4) Have all of WB's websites pulled down 5) Have all of WB's movies pulled from shelves My sick/cynical self kind of wants to see SOPA pass, to see how it would explode in the faces of those who endorsed it.

    1. Re:Sooo funny by Legion303 · · Score: 2

      0) WB cuts LV an enormous check, CEOs go golfing together and have a hearty laugh at the little people being ruined by SOPA.

  68. SOPA their domain name first, ask questions later by billstewart · · Score: 1

    Obviously they're supporting counterfeiting, so the first step is to confiscate their domain name using the (not yet passed) SOPA, and they can figure out about firing some intern props clerk later.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  69. Fair Use? by PPH · · Score: 3, Informative

    I didn't read the articles (Hey, this is Slashdot), but here goes:

    Couldn't the use of a LV bag in a movie be considered fair use? And if the fact that it was a knock-off is material to the script*, that to might be 'fair use' of the right to make a knock-off prop.

    If fair use doesn't apply, then how would it be possible to make a film on location someplace like NYC? You can't swing a deceased feline in that city without seeing a trademark on the side of a building. And if its not a location shoot, but a CGI recreation of a city, then the studio is effectively copying an entire scene full of trademarks.

    *If its not material, then WB could sue the supplier for selling a fake to their prop department.

    --
    Have gnu, will travel.
    1. Re:Fair Use? by Zironic · · Score: 1

      You're allowed to use a real product and use the trademark.
      You're allowed to use a fake product, and say it's a fake product.
      You're NOT allowed to use a fake product and use the trademark.

    2. Re:Fair Use? by P-niiice · · Score: 1

      WB will end up suing the supplier for the fake they got and $2700 for each potential copy of the movie sold or viewed on television for eternity, for a grand total of 8 trillion dollars.

  70. Re:Thats just FUD by NewYorkCountryLawyer · · Score: 1

    Why thank you :)

    --
    Ray Beckerman +5 Insightful
  71. Re:Thats just FUD by NewYorkCountryLawyer · · Score: 3, Funny

    Maybe I'm not really a lawyer. Maybe it's just a long nightmare from which I've yet to awaken.

    --
    Ray Beckerman +5 Insightful
  72. Re:Thats just FUD by NewYorkCountryLawyer · · Score: 1

    You mean I'm not anonymous... damn, & here I thought by calling myself NewYorkCountryLawyer I was ensuring that no one would know who I am

    --
    Ray Beckerman +5 Insightful
  73. Re:Thats just FUD by NewYorkCountryLawyer · · Score: 1

    Yeah well now you're making me feel o.l.d.

    --
    Ray Beckerman +5 Insightful
  74. Re:they will just shift the blame to some other pe by DarwinSurvivor · · Score: 4, Funny

    The best part of those adds is that only people who DIDN'T pirate the DVD had to sit through the stupid thing!

  75. It's a stunt double. by Anonymous Coward · · Score: 1

    You don't want to risk your star's sack getting punched in a fight scene.

  76. WB movie staff pirates like crazy by Sean · · Score: 1

    It's so bad that it's necessary to setup queues on outbound traffic so the phone continue to work. So many people pirate music, TV and movies on WB (and all other producers) productions that technical measures are required to save enough bandwidth so that the phones can be used to coordinate the actual film production.

    Given how messed up the US mindset is right now, they'll probably just sue themselves for revenue and stop producing anything at all.

  77. Re:they will just shift the blame to some other pe by 1u3hr · · Score: 1

    The best part of those adds is that only people who DIDN'T pirate the DVD had to sit through the stupid thing!

    Actually, a lot of pirated DVDs copy the entire thing, including the ant-piracy prelude.

  78. Re:they will just shift the blame to some other pe by mug+funky · · Score: 4, Funny

    you wouldn't steal a handbag... oh wait.

  79. Re:in moives and tv shows it does not work like th by SeaFox · · Score: 1

    They would need to. Warner Bros can't afford a real Louis Vui--- oh wait I forgot who we're talking about.
    And it's not like they could have just sold the bag afterwards as a collectable prop for more than its original purchased value.

  80. Minor distinction by Anonymous Coward · · Score: 0

    I wish this read more like "look how stupid copyright has gotten" (I mean, it's just a prop, couldn't they have _intended_ to portray a imitation handbag?), but instead it reads like "get in line WB, it's 2011." I don't think it helps with the hypocrisy.

  81. Re:they will just shift the blame to some other pe by Patman64 · · Score: 2

    Yeah, that's kind of the fucking point.

    They fight hard against the kids they sue when they try to make excuses for their supposed acts of piracy, but will probably make excuses for their own supposed act of piracy. That's the irony here. Sorry it got lost on you.

  82. Re:in moives and tv shows it does not work like th by pugugly · · Score: 4, Interesting

    Actually no - This is one of those "IANAL - but I did do a paper on this in college" deals; getting licensed use of a copyrighted item for use in a movie is a major legal issue for independent moviemakers. It's not by and large things like posters, books, the obvious stuff - it's all the stuff that it doesn't necessarily occur to you is copyrighted - like chairs (well, furniture in general), picture frames, cars, buildings, and on and on.

    The major studios have interlocking license agreements that effectively 'freeze-out' independent film-makers on a lot of this. In their turn most experienced independent studios have worked out what can/can't be done, but it can be a real shock to a new artist.

    Which if nothing else shows how idiotically Warner Brothers dropped the ball on this - this was stupid. I'd love to see their domain yanked for this - see how *they* like being held to the standards they've advocated for everyone else.

    Pug

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  83. Re:they will just shift the blame to some other pe by Phoghat · · Score: 1

    "George, sorry but we have to let you go. I know we told you to use the knock off, but well someone's head has to roll".

    --
    Think of how stupid the average person is, and realize half of them are stupider than that.
  84. Re:they will just shift the blame to some other pe by Phoghat · · Score: 1
    And all they wanted was a summer job too

    And everyone knows it was really the Comedian, both times.

    --
    Think of how stupid the average person is, and realize half of them are stupider than that.
  85. Re:Thats just FUD by xenobyte · · Score: 1

    I went to see all three LoTR when they premiered at the cinemas, then went on to buy them on DVD and again when they came to Blu-ray. So did a lot of my friends. If that isn't enough to make a movie turn a profit, something is SERIOUSLY wrong!

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  86. This Is An Excellent Opportunity For WB by Anonymous Coward · · Score: 0

    This is an excellent opportunity for Warner Brothers.

    Oops! We accidentally violated someone else's copyright. We acknowledge that this is a very bad thing that should never go unpunished. Therefore, we have withdrawn the offending material and will gladly pay the $xxx millions in penalties that we obviously owe.

    We'd also like to point out that this is how it should work for all the filthy pirates.

  87. IP ??? by tchdab1 · · Score: 1

    I always thought it stood for Intensify Profits.

  88. Re:in moives and tv shows it does not work like th by Grumbleduke · · Score: 2

    And this is one of those things that, as a law student (who has done a lot of research into copyright law), shows how the excessive weight given to copyright within Hollywood (combined with people being paid by the hour) leads to a lot of unnecessary work being done. While copyright (or in some places the more limited design rights) can cover things suck as furniture, frames, cars and buildings, in most jurisdictions there will be a suitable defence to including them in the background of a film; in the US, there's a good chance it would be covered by fair use, in the UK there's a specific "incidental inclusion" defence.

    That's not to say that clearing isn't important, and that there isn't some stuff that will need licensing, but my impression is that a lot more is licensed than really needs to be licensed - which has the effect of exaggerating the scope of copyright, and discouraging independent film-makers (as discussed).

    In this case, of course, it's a trademark issue, as trying to sue for copyright infringement would be rather awkward. In terms of reality TV and the censoring of labels, that may be over-protectiveness but might also be to prevent potential defamation claims. Plus it gives it that edgy, this-is-real-not-completely-staged feel.

  89. No respect from copyright nazis by Anonymous Coward · · Score: 0

    Twice in the last 2 months I found commercial publishers using my CC-licenced images from Wikipedia without compying with the licence terms. Apparently if all you're looking for is respect instead of dollars you get neither.

  90. Re:they will just shift the blame to some other pe by Endo13 · · Score: 1

    Actually, none of the hundreds of pirated DVDs I've watched had that part.

    --
    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  91. Re:Thats just FUD by SleazyRidr · · Score: 1

    It costs a lot more to make a movie than it costs to buy 3 movie tickets and 3 DVDs. Unless you have several million friends I'm reasonably certain that it isn't enough to make a move turn a profit.

  92. No free fride for Warner Brothers! by Anonymous Coward · · Score: 0

    Warner Brothers should be held to the same standards and punishments as they hold others. In this case, there is actual damage, as movie goers might think the knock-off bag is just as good as the true item.

  93. Trademark dilution by mapuche · · Score: 1

    The plaintiff states this is was done to avoid trademark diulution:

    4. Warner Bros' use and misrepresentation of the Biophy Bag as an authentic Luis Vuitton bag in The Hangover: Part II create a likehood that the public willl be confused that Luis Vuitton is the source of, or has sponsored or approved of, the Biophy Bag and Warner Bros,' use of it as a Luis Vuitton in the film.

    So yes, it seems the origin of the problem is that the bag wasn't original, and they didn't seek for a clearance from the trademark holder

  94. Re:they will just shift the blame to some other pe by ArsonSmith · · Score: 2

    They could just say it was their open wifi that someone else downloaded the bag from.

    --
    Paying taxes to buy civilization is like paying a hooker to buy love.
  95. Re:they will just shift the blame to some other pe by mcgrew · · Score: 1

    No they weren't, they were time aliens from the future.

  96. I'm a movie/tv producer by mapuche · · Score: 1

    IANALBIANP. I'm not a lawyer but am a novice producer. I've been in talks with lawyers about this exact point for movie production. As a layman it's hard to know when you're in a trademark infringement, that's why you hire expensive lawyers, so it's obvious WB have plenty but somehting went wrong. Mexican laws (my area of work) are more in tune with French copyright/trademark laws, but there's some intersection with US laws (specially if you want to export your movie), but the idea is that you have a screening with your team of lawyers and they mark what part of the movie may be in trademark problems, they only say: Do you have permission for that? The advice is that unless you have a product placement agreement, don't show product names, logos, etc.

    1. Re:I'm a movie/tv producer by NewYorkCountryLawyer · · Score: 2

      The uncertainty attendant to what can be done in a movie production is a deliberate product of the intense lobbying efforts by Warner Bros and other big studios, who prefer uncertainty to statutory and regulatory guidelines which spell these things out with clarity.

      Why, you might ask, would they prefer uncertainty as to what is or is not a 'fair use', or what is or is not subject to some other defense?

      Because they have (or believe they have) hundreds of millions of dollars to work it out on a "case by case basis" -- i.e., through costly litigation.

      If you're some guy doing a video cam production with a $10,000 credit card budget, and your lawyer can't tell you what you can and cannot do in your movie, it puts the big houses like Warner at a distinct advantage and prevents you from competing with them. Because you know that only after hundreds of thousands of dollars of litigation will you have your answer, and if you are victorious, your victory will have been pyrrhic.

      --
      Ray Beckerman +5 Insightful
  97. It's in the script! by Anonymous Coward · · Score: 0

    It was part of the character... couldn't have used a real one, it would spoil the atmosphere.

  98. Re:they will just shift the blame to some other pe by QuasiSteve · · Score: 1

    The fucking point is kind of that...

    ..on one hand we have 'pirates' who download and/or upload to their heart's content knowingly and willingly and when caught with their pants down will come up with plausible-to-techies but ludicrous if suggested it be the case for every single instance excuses...

    ..on the other, we have the content moguls who have complete legal offices dedicated to the task of making sure everything is on the legal up-and-up right on down to semi-recognizable outlines of cars off in a blurry distance for 2 frames in a 2-hour movie and who, when caught with their pants potentially down (i.e. the legal guys said it should be okay even though they realize they're taking a risk, and LV disagrees), go to court as directed and present their legal arguments.

    I see your point >.>

  99. Re:they will just shift the blame to some other pe by 1u3hr · · Score: 1

    Are you talking about actual pressed DVDs, or downloaded ISOs? The ISOs certainly are stripped. Pressed DVDS, at least those made in China, often do include the FBI warning and promos for other movies.

  100. Re:they will just shift the blame to some other pe by Anonymous Coward · · Score: 0

    But the people who make the ads unskippable ARE stealing - my time, my electricity: I no longer have them after they have been used to display the ad and I have not been paid for them. I could leave my display device and sound device off during the ad to save some electricity (and cost), but there is still my time and the electricity used to run through the ad on the DVD for which there is a cost and no payment has been given nor offered; but then again, not having the display device and sound device on during the ad voids the point of forcing my player to display the ad.

    A 30 episode TV program with a 30 second unskippable ad before displaying each episode amounts to 15 mins of unpaid for electricity and time - THAT is stealing, copyright infringement is NOT.

  101. Why do we want to say WB *pay* for this? by tjbp · · Score: 0

    Eye-for-an-eye justice for WB may be funny, but doesn't it also validate their own approach to piracy? I'd like to see WB fight and win this battle to highlight the absurdity of the wider war they're involved in, but by taking a sword to the armpit instead they can suggest the anti-piracy policing they seek to enforce affects and serves all people equally, and is an unfortunate omission in our society's moral fabric.