Fashion Designer Balenciaga Opposes Parody Pet-Wear Maker's Trademark Application For 'Pawlenciaga'

from the woof dept

Everyone who knows me knows I love two things more than anything in this world: animals… and puns. And, to my delight, much of the pet industry considers using puns as something of a religion. You’ve all seen this, with groan-worthy names of pet stores, doggie daycares, and treat makers. And because the world simply can’t be a fun place in which to exist, sometimes these punny names cause intellectual property disputes, such as when the Prosecco people managed to oppose a trademark for a pet treat named “Pawsecco”, or when a real-life human being hotel called the Chateau Marmont sent a cease and desist notice to the Cateau Marmont, a hotel for, I don’t know… raccoons?

And now one fashion designer has decided to oppose the trademark for a maker of parody pet clothing, arguing ostensibly that the public both cannot tell the difference between human clothes and pet clothes, as well as that this same public doesn’t have a sense of humor.

While Demna Gvasalia has been preparing for Balenciaga’s Spring/Summer 2019 runway show, the brand’s legal team has been readying for a fight. Counsel for the Paris-based brand moved to oppose a pending U.S. trademark application for registration this week, taking issue with “Pawlenciaga,” a trademark that is being used by Pawmain Pets, a North Carolina-based company in the business of making what it calls “parody streetwear for your pets.”

According to the opposition that Balenciaga filed on Monday, Pawmain Pets’ “Pawlenciaga” trademark – if registered for use on leather goods, as Pawmain has proposed – “will cause confusion, mistake and deception with respect to those goods, by virtue of [Balenciaga’s] prior registration, use and fame of its Balenciaga trademarks, including [on leather goods].” Moreover, Balenciaga alleges that Pawmain’s proposed registration “would substantially harm [Balenciaga]” and “is likely to cause confusion” with Balenciaga’s trademark rights, which date back to at least 1975.

It’s quite a bold argument for a high-end fashion designer to insist that a puntastic name is all that’s needed to confuse the public between its goods and those made for animals. One would think that the quality of the product might do some work to stave off such confusion, but apparently not. Still, the average buyer of pet-goods, particularly such luxury items as pet clothing, will be well-acquainted with the long and glorious tradition of puns and parody in the pet industries. It seems laughably unlikely that anyone is actually going to be confused as to the product source or association.

Now, while the USPTO has apparently never upheld a parody defense to a trademark opposition, though that defense has obviously been used a zillion times once lawsuits have been filed, it seems there is already some caselaw on the books that the USPTO might turn to as particularly relevant.

The legally-minded amongst us will already be thinking of a similar matter that precedes Balenciaga’s opposition: Louis Vuitton v. Haute Diggity Dog. In that case, Louis Vuitton sued the pets-wear company, alleging that ones of its handbag-shaped dog toys, one that was labeled “Chewy Vuiton” and that was similar in shape, monogram (“CV” vs. “LV”), repetitious design and coloring to a Louis Vuitton Speedy bag, ran afoul of trademark and copyright law. The Fourth Circuit Court of Appeals handed Haute Diggity Dog a win in 2007, holding that despite Louis Vuitton’s claims of trademark infringement and dilution and copyright infringement, Haute Diggity Dog could continue to make and sell plush dog toys that make use of famous luxury trademarks, as “Haute Diggity Dog’s parody is successful.”  

That kind of makes this pretty straightforward, as it’s the exact same subject matter and industries participating in this opposition. Whether the USPTO will bother to look to that case to inform its decision is an open question. What isn’t an open question is that there was obviously no reason for Balenciaga to do this. There were plenty of other routes to take, including simply ignoring this whole thing while noting that there was little concern for customer confusion. Why it chose to go the bullying route is a question that needs to be put to the designer.

Filed Under: , , ,
Companies: balenciaga

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Fashion Designer Balenciaga Opposes Parody Pet-Wear Maker's Trademark Application For 'Pawlenciaga'”

Subscribe: RSS Leave a comment
6 Comments
Anonymous Anonymous Cowardsays:

Not in a hurry, not a moron, but still...

Well I am certainly confused. I have never heard of either of them, so what’s the problem?

Besides, my cat would most certainly object to my trying to stuff her into some piece of clothing. She doesn’t even like the collars with bells I put on her (she has chewed them all off) to try and prevent stupid birds from sitting still while she stalks them.

I can only imagine what she would do to a pair of high heels let alone luxury sneakers…

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Report this ad??|??Hide Techdirt ads
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...
Older Stuff
12:25 Australian Privacy Commissioner Says 7-Eleven Broke Privacy Laws By Scanning Customers' Faces At Survey Kiosks (6)
10:50 Missouri Governor Doubles Down On 'View Source' Hacking Claim; PAC Now Fundraising Over This Bizarrely Stupid Claim (45)
10:45 Daily Deal: The All-in-One Microsoft, Cybersecurity, And Python Exam Prep Training Bundle (0)
09:43 Want To Understand Why U.S. Broadband Sucks? Look At Frontier Communications In Wisconsin, West Virginia (8)
05:36 Massachusetts College Decides Criticizing The Chinese Government Is Hate Speech, Suspends Conservative Student Group (71)
19:57 Le Tigre Sues Barry Mann To Stop Copyright Threats Over Song, Lights Barry Mann On Fire As Well (21)
16:07 Court Says City Of Baltimore's 'Heckler's Veto' Of An Anti-Catholic Rally Violates The First Amendment (15)
13:37 Two Years Later, Judge Finally Realizes That A CDN Provider Is Not Liable For Copyright Infringement On Websites (21)
12:19 Chicago Court Gets Its Prior Restraint On, Tells Police Union Head To STFU About City's Vaccine Mandate (158)
10:55 Verizon 'Visible' Wireless Accounts Hacked, Exploited To Buy New iPhones (8)
10:50 Daily Deal: The MacOS 11 Course (0)
07:55 Suing Social Media Sites Over Acts Of Terrorism Continues To Be A Losing Bet, As 11th Circuit Dumps Another Flawed Lawsuit (11)
02:51 Trump Announces His Own Social Network, 'Truth Social,' Which Says It Can Kick Off Users For Any Reason (And Already Is) (100)
19:51 Facebook AI Moderation Continues To Suck Because Moderation At Scale Is Impossible (26)
16:12 Content Moderation Case Studies: Snapchat Disables GIPHY Integration After Racist 'Sticker' Is Discovered (2018) (11)
13:54 Arlo Makes Live Customer Service A Luxury Option (8)
12:05 Delta Proudly Announces Its Participation In The DHS's Expanded Biometric Collection Program (5)
11:03 LinkedIn (Mostly) Exits China, Citing Escalating Demands For Censorship (14)
10:57 Daily Deal: The Python, Git, And YAML Bundle (0)
09:37 British Telecom Wants Netflix To Pay A Tax Simply Because Squid Game Is Popular (32)
06:41 Report: Client-Side Scanning Is An Insecure Nightmare Just Waiting To Be Exploited By Governments (35)
20:38 MLB In Talks To Offer Streaming For All Teams' Home Games In-Market Even Without A Cable Subscription (10)
15:55 Appeals Court Says Couple's Lawsuit Over Bogus Vehicle Forfeiture Can Continue (15)
13:30 Techdirt Podcast Episode 301: Scarcity, Abundance & NFTs (0)
12:03 Hollywood Is Betting On Filtering Mandates, But Working Copyright Algorithms Simply Don't Exist (66)
10:45 Introducing The Techdirt Insider Discord (4)
10:40 Daily Deal: The Dynamic 2021 DevOps Training Bundle (0)
09:29 Criminalizing Teens' Google Searches Is Just How The UK's Anti-Cybercrime Programs Roll (19)
06:29 Canon Sued For Disabling Printer Scanners When Devices Run Out Of Ink (41)
20:51 Copyright Law Discriminating Against The Blind Finally Struck Down By Court In South Africa (7)
More arrow