Warner Brothers Entertainment Inc. (defendant) produced the movie “The Hangover: Part II.” In a scene at an airport, Alan, one of the characters, placed a Diophy bag on the seat next to him. Another character moved the bag to make room for a third character to sit. In response, Alan said: “Careful that is . . . that is a Lewis Vuitton.” Alan pronounced the word with the English pronunciation “Lewis,” as opposed to the French pronunciation “Louis.” Diophy bags were knockoffs of bags made by Louis Vuitton Malletier S.A. (plaintiff), the world-famous company. Louis Vuitton sued Warner for, among other things, false designation of origin and unfair competition under section 43(a) of the Lanham Act. Louis Vuitton argued that many viewers of the movie believed that the Diophy bag was actually a Louis Vuitton bag. Warner moved for a motion to dismiss for failure to state a claim on which relief could be granted.