Intellectual Property Law

Luis Vuitton Upset about Use of Trademarked Goods in Darfur Awareness Campaign

By Siva Vaidhyanathan

Designer Nadia Plesner had hoped to draw attention to the plight of displaced people under siege by government-approved militias who have become known for using rape and murder as political tools in Darfur. According to Osocio, in a poke at celebrity journalism, Plesner expanded on the idea that "since doing nothing but wearing designer bags and small ugly dogs apparently is enough to get you on a magazine cover, maybe it is worth a try for people who actually deserve and need attention." However, the resulting image of a starving African child seemingly carrying a Vuitton bag created consternation in the Vuitton legal department, which sent a letter to Plesner, which included the following plea for artistic solidarity on the issue of intellectual property:

Although we applaud your efforts to raise awareness and funds to help Darfur, a most worthy cause, we cannot help noticing that the design of the Simple Living Products includes the reproduction of a bag infringing on Louis Vuitton?s Intellectual Property Rights, in particular the Louis Vuitton Monogram Multicolore Trademark to which it is confusingly similar. We are surprised of such a promotion of a counterfeit bag.

As an artist yourself, we hope that you regognize the need to respect other artists? rights and Louis Vuitton?s Intellectual Property Rights which include the Louis Vuitton Monogram Multicolore trademark.

Plesner's response to the company's cease-and-desist letter included the following objection:

However, I must inform You, that the bag in my drawing is inspired by - and refers to - designers bags in general ? not a Louis Vuitton bag. If you take a closer look, you will also notice, that the pattern in my drawing is not the pattern which is used in the design of a Loius Vuitton bag. The name Louis Vuitton is in no way mentioned or referred to, neither in my drawing, nor in the campaign as such.

Now Plesner is being sued by Vuitton and asks for letter-writing help at this web page.

Full post as published by SIVACRACY .NET on May 03, 2008 (boomark / email).