Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment Inc.
United States District Court for the Southern District of New York
868 F. Supp. 2d 172 (2012)
In "The Hangover: Part II," a character placed a Diophy bag - a knockoff of a Louis Vuitton Malletier S.A. (plaintiff) product - on an airport seat, prompting another character, Alan, to warn "Careful that is... that is a Lewis Vuitton," mispronouncing the brand's name; Louis Vuitton sued Warner Brothers Entertainment Inc. (defendant) for false designation of origin and unfair competition under the Lanham Act, arguing viewers believed the Diophy bag was an actual Louis Vuitton product, and Warner moved to dismiss for failure to state a claim.
Whether analysis of whether an artistic work's use of a trademark is explicitly misleading is limited to confusion as to the source or content of the defendant's work.