Boutique intellectual property firm Koppel Patrick Heybl & Philpott of Westlake Village successfully defended spoof tote bag maker My Other Bag against luxury designer Louis Vuitton, a brand notorious for filing trademark suits. New York’s Second Circuit Court of Appeals affirmed a lower court’s ruling that the L.A.-based retailer, which sells canvas tote bags with drawings of high-end purses on one side and the My Other Bag logo on the other, was not in violation of trademark law as its products are considered parodies. The lower court granted summary judgment to My Other Bag on all counts of trademark infringement, trademark dilution and copyright infringement. U.S. District Judge Jesse Furman wrote in his conclusion: “Louis Vuitton is, by its own description, an ‘active and aggressive’ enforcer of its trademark rights. In some cases, however, it is better to ‘accept the implied compliment in (a) parody’ and to smile or laugh than it is to sue.” The appellate court affirmed the Southern District Court of New York’s summary judgment, which leaves Louis Vuitton with one final course of action, appealing to the U.S. Supreme Court. But with so many actual counterfeits on the market, why did the world-renowned brand decide to target a small-time retailer selling grocery bags? “On one hand, to make an example and on the other hand to have the judicial decision that they could use to squash any undesirable speech about their products or about them as a company,” said Brian Philpott, a lead attorney on the case and partner at Koppel. Louis Vuitton has a history of trademark lawsuits, including the 2002 case against dog toy maker Haute Diggity Dog of Chicago over its “Chewy Vuiton” purse toy. Haute was granted summary judgment. However, the case cost the company hundreds of thousands in related legal costs. Philpott said that was the biggest challenge in the My Other Bag case as well. “Louis Vuitton has endless financial resources to throw at cases, and our client had very little available to fight the case,” he said. Louis Vuitton bags can cost thousands, while My Other Bag’s totes retail for about $35. Thus, even if Louis Vuitton doesn’t win a case, the Paris design house has the potential to run a company out of business while simultaneously sending a message to other companies using its product likeness. Heading to Cuba As U.S.-Cuban relations continue to improve, the San Fernando Valley Bar Association is sponsoring a trip to the Caribbean nation to learn more about its culture and heritage and what that means for the local legal community. “The SFVBA thought the trip would be a once-in-a-lifetime adventure for participants to get an up-close and personal look into Cuba,” Linda Temkin, the Bar Association’s director of education and events, wrote in an email to the Business Journal. Other bars have made the trip and were very enthusiastic about the experience, she said. Aside from the country’s notable tourist attractions – which include cigars, sugarcane and streets lined with classic cars – the Bar Association is taking it a step further by coordinating discussions with local attorneys, scholars and artists to discuss the country’s legal system, history and religion. The Tarzana attorneys’ organization has partnered with Fallbrook-based tour operator Cuba Cultural Travel to organize the trip, scheduled for Oct. 22-27. “There will be MCLE (minimum continuing legal education) lectures and private performances by renowned dancers and musicians,” Temkin said in her email. The Bar Association hopes to take at least 20 attorneys and guests, who will stay in either a five-star hotel or bed and breakfast. Registration is expected to conclude by early summer. Preccelerator Sherman Oaks firm Stubbs Alderton & Markiles is expanding its early-stage accelerator program, called the Preccelerator. The changes will allow the program, which is based in Santa Monica, to accept a larger number of companies, increase its perks for incoming startups as well as up investments in participating companies. Peter Csathy, chairman of digital media consulting and business development firm Creatv Media, will join the Preccelerator’s board of directors to lead the investment initiative. “By partnering with Peter, we will grow the firm’s industry-leading Preccelerator into a full-service platform that not only mentors young companies, but also provides smart venture capital and paths to strategic business development and consulting via Creatv Media,” Scott Alderton, chairman of the Preccelerator and managing partner at the firm, said in a statement. The program has graduated 22 companies thus far with the majority of the businesses moving into larger accelerator or incubator programs, or successfully raising seed funding. Staff Reporter Stephanie Henkel can be reached at (818) 316-3130 or [email protected].