Question:
The Hangover Part II has been a hotbed of intellectual property issues. Warner Brothers, the studio behind the movie, settled a lawsuit brought by the tattoo artist who did Mike Tyson’s facial tattoo that was then replicated on a character in the movie. Following that settlement, Louis Vuitton filed suit in federal court for trademark infringement of its famous bags in the movie. The ne’er-do-well character played by Zach Galifianakis has coined a pop-culture phrase by warning his fellow imbibers when they touch his Louis Vuitton bag, “Careful, that is a Louis Vuitton.” The lawsuit sought to have the trademark bag excised from the film as well as a share of the movie’s profits. The company alleges that the bag used in the movie is a knock-off. Louis Vuitton is very aggressive in enforcing its trademark rights and has brought suits against artists who have used the signature handbags and luggage in their paintings. What is the issue in the use of trademarked products in artistic works? Why is Louis Vuitton so concerned about the use of its products in a film such as The Hangover Part II? [Louis Vuitton Malletier S. A. v. Warner Bros. Entertainment Inc., 868 F. Supp. 2d 172 ( S. D. N. Y. 2012).]