The Joke is in the Bag! Parody at the Federal and TTAB Levels

The line of reusable bags bear the “My Other Bag” moniker on one side with a printed representation of a luxury brand bag on the other — admittedly “parodying the designer bags we love, but practical enough for everyday life.” The My Other Bag tagline is a clear play on the “My other car is a …” bumper sticker gag, as noted by the district court, which juxtaposes the consumer's cheap product with the expensive designer product. The joke, however, was lost on Louis Vuitton, which has historically been vigilant about pursuing potential infringers.

While Louis Vuitton bags retail for hundreds or thousands of dollars each, the My Other Bag totes are sold for $30-55 and are marketed to carry the items too undesirable for a luxury bag — such as gym gear or beach towels. The Second Circuit determined that the joke itself, namely, the implication that the “other bag” is the luxury designer bag and not the tote that the consumer is using to schlep groceries and laundry, paired with the purposefully caricature-like renderings on the totes, were sufficient to establish distance between My Other Bag's goods and those of Louis Vuitton. The court ruled that the “obvious attempt at humor” was likely “only to reinforce and enhance the distinctiveness and notoriety of the famous brand” rather than to cause confusion or dilution in the marketplace.