What Louis Vuitton does not want you to know about Darfur

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French bag maker Louis Vuitton has gotten itself a so-called ex parte judgement against Amsterdam based Danish artist Nadia Plesner, forcing her to cough up 5000 euro per day or stop using images of Vuitton’s Audra Bag.

Plesner had incorporated an image of the bag in her painting Darfurnica. On January 27 judge Hensen denied her the chance to defend herself in court, so that by the time she returned from a trip to Denmark she had already racked up tens of thousands of euro in fines. She will contest the judgement (PDF).

Plesner has already received a judgement against her for a similar ‘offence’ in France. Under Dutch copyright law she is unlikely to be found against, but this was a case about community design law, and I don’t know if that law has free speech exceptions.

Vuitton’s actions seem an obvious attempt to control the conversation about them. You cannot really blame a wild animal for being a wild animal, the fault lies clearly at the feet of the state giving it the means.

An ex-parte order is a travesty of justice. In order to obtain one you just shop at the judge without the other party getting a chance to defend themselves.

Judge Hensen is slowly building a reputation for issuing strange verdicts in intellectual property cases. In 2007 he/she/it concluded that legal downloading is illegal downloading (the case revolved around the question whether rights associations could collect money for illegal copies, which required a definition of illegal copies).

(Link: Trendbeheer. Photo: Nadia Plesner.)

5 Comments »

  1. […] Branko Collin said the real problem of cases like this is corporations using excuses to control any conversation about […]

    Pingback by Louis Vuitton bags and intellectual property | Stop — March 21, 2011 @ 2:03 pm

  2. […] to test the art transcends copyright theory, but LV began the process anew. Recently it has been reported that a court has ordered Nadia Plesner to pay LV 5,000 Euro per day as long as she continues to […]

    Pingback by PR 101 Don’t pick fights you can’t win – Louis Vuitton, Nadia Plesner and the Darfur kids « Temporary Kings — March 23, 2011 @ 5:21 pm

  3. […] to test the art transcends copyright theory, but LV began the process anew. Recently it has been reported that a court has ordered Nadia Plesner to pay LV 5,000 Euro per day as long as she continues to […]

    Pingback by PR 101 Don’t pick fights you can’t win – Louis Vuitton, Nadia Plesner and the Darfur kids « brandsandplans — April 5, 2011 @ 9:57 pm

  4. […] reputation of Louis Vuitton”* that the company is suing Danish artist Nadia Plesner for. The French company fined Plesner hundreds of thousands of euro last January with the aid of an all too willing Dutch […]

    Pingback by 24 oranges » Louis Vuitton’s ‘valuable’ brands top trash pile — May 5, 2011 @ 9:58 am

  5. […] major French brand Louis Vuitton. Plesner used a depiction of an LV bag in a painting entitled Darfurnica for which Louis Vuitton tried to sue her for 5,000 euro a day for using their […]

    Pingback by 24 oranges » Art student = 1, Louis Vuitton = the big goose egg, (O) — May 6, 2011 @ 10:42 am

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