Louis Vuitton to go to court Warner Two brothers above fake

[waycleagogy]

I haven't seen the movie, but according to Gawker, Zach Galifianakis says at one point, "Careful, this is a Louis Vuitton." LVMH believes that the line has become a recognizable catchphrase (I feel fairly confident that they're wrong because I've never heard anyone say that, ever, but what do I know?) and that the ensuing notoriety of the scene has caused the brand damage. (I'm also fairly confident that they're wrong about that too.)

What's interesting, though, is that Vuitton isn't claiming that the movie used counterfeit goods. Instead, the lawsuit claims that Warner Brothers used luggage made by a company called Diophy Handbags, which produces those heinous "almost-Vuitton" bags that you see hocked at carts in the mall. For their part, Louis Vuitton also has a pendling lawsuit against Diophy for trademark infringement.

So what do you think does LVMH have a legitimate case? Should the movie's production staff have sourced real Louis Vuitton to borrow for the film, which would certainly have been easy to do in Los Angeles? Or should a fictional character in a fictional movie claiming that a prop is made by a brand that didn't actually make it be a total non-issue? Share your thoughts in the comments.
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