Cute and clever? or am I breaking the law?

Jrs1672

Jrs1672

Member
Jun 30, 2011
290
3
#1
Ok. I had a company which I won't name, make custom protective skins for my iPhone. I thought it would be cool if the phone matched my bag so I sent them an image of the Damier Graphite pattern. I put it on my phone and thought it was cute. When I showed it to my BF today he said "So now your phone is a fake?"....Got me wondering.
Now, to be clear, I work in the luxury industry, and I know the damage fakes cause. And yes technically, having this image put on my iPhone may be a intellectual copyright infringement, but i didn't consider that because it was just for me to use. Its not something I was going to try to sell as a Louis Vuitton iPhone. Its not meant to deceive, just match my bag.
I just thought I was being clever. Maybe I've gone too far and I should remove it and throw it away.
So...I am asking TPF. Cute, Tacky, or Illegal?
 

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#3
I am a paralegal for an attorney who deals with copyright infringement. I showed this to her and she said it is illegal to reproduce a trademark without the written expressed permission from Louis Vuitton (this is the simplified version of what she said) and since a third party company reproduced the image, what they did was illegal as well
 
#4
I think it's illegal and it's got something to do with using their motifs without approval. That's infringement right? Maybe someone can explain better?
I remember last year one of the shoe company had this shoe which uses a very similar motifs from lv and lv decided to sue them and demanded they remove the shoes from the shelves.
 
#6
I honestly never thought "Oh, people will think I have a Louis Vuitton phone"

I just thought it would be cute if my phone matched my bag.

I think I may have been using poor judgement and should remove it.
 
#7
Jrs1672 said:
I honestly never thought "Oh, people will think I have a Louis Vuitton phone"

I just thought it would be cute if my phone matched my bag.

I think I may have been using poor judgement and should remove it.
Click to expand...

It is a cute idea....maybe you could make the suggestion to LV corp.
 
#8
benswife2007 said:
I dont think anyone is coming after your one iphone so it will be up to you how you feel about it. The company that made it could prob get in hotwater though.
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The company probably has terms and conditions that prevent them from being liable. But I agree, I doubt anyone would come after you for using it...! It's just a skin for your phone, and you're not selling it, so I don't see why anyone should feel too strongly about it *shrug* but thats just me!
 
#9
Cricket123 said:
I am a paralegal for an attorney who deals with copyright infringement. I showed this to her and she said it is illegal to reproduce a trademark without the written expressed permission from Louis Vuitton (this is the simplified version of what she said) and since a third party company reproduced the image, what they did was illegal as well
Click to expand...

I realize that now. I work with enough high end branded company's that I should have known better. I don't know what I was thinking. Actually, I wasn't thinking.

I am removing the skins as soon as I finish this post. I know that I meant no harm to LV in doing this and that nothing would probably ever happen if I kept it on but its the principal of it and the right thing to do. I would be a hypocrite if I don't remove them and to me thats worse than being a counterfeiter!

But, I have a question. Regarding your post, does the same apply for instance, to posters here on the purse forum, who take pictures of Louis Vuitton logos and post them here. Is that an infringement?
 
#11
Jrs1672 said:
I realize that now. I work with enough high end branded company's that I should have known better. I don't know what I was thinking. Actually, I wasn't thinking.

I am removing the skins as soon as I finish this post. I know that I meant no harm to LV in doing this and that nothing would probably ever happen if I kept it on but its the principal of it and the right thing to do. I would be a hypocrite if I don't remove them and to me thats worse than being a counterfieter!
Click to expand...

We all make mistakes and I'm sure you meant no harm to the company and you are right, more then likely nothing would have come if it, better to be safe than sorry just in case. I will ask about the pictures posted because I really don't know the answer to that

But it is a creative and cute idea.
 
#15
it is cute and clever idea, but i suggest if you could remove it to make yourself safe. For me, it is illegal, if you could delete your thread then that would be better so no one can see your post just for your own security, you never know, lv might sue you for just a simple thread no matter what your intention is. Better be safe than sorry and regret later. Just take the word from cricket123. Be safe my dear friend.
 
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