By Jonathan Stempel
(Reuters) – Louis Vuitton has won the dismissal of a lawsuit by a California toy company that accused the French luxury goods maker of trying to interfere with its sales of a poop-shaped toy purse for children, Pooey Puitton.
U.S. District Judge John Walter in Los Angeles said on Tuesday that MGA Entertainment Inc’s case did not belong in federal court because the company did not show there was an “actual controversy” between the parties.
Walter rejected MGA’s claim that Louis Vuitton’s recent filing in France of a trademark infringement case illustrated the French company’s “history of not respecting parody rights,” and justified letting the U.S. lawsuit proceed.
“The court need look only to the fact that Louis Vuitton has not sued MGA based on its trademark rights in the U.S.,” the judge wrote.
Lawyers for MGA did not immediately respond on Wednesday to requests for comment. The Van Nuys, California-based company is also known for its L.O.L. Surprise and Bratz dolls.
MGA had contended that no reasonable consumers would mistake Pooey Puitton, which retailed for $59.99, for costlier handbags from Louis Vuitton, a unit of LVMH Moet Hennessy Louis Vuitton SE.
(Reporting by Jonathan Stempel in New York; Editing by Lisa Shumaker)