The fake Oscars gift bags have gotten more extravagant as the years have gone by. This year, gifts include a $55,000 trip to Israel, a $19,000 vampire breast lift, and $275 Swiss made toilet paper.
The marketer being targeted in the lawsuit, Lash Fary, and the company, Distinctive Assets, are being sued for Trademark Infringement and Dilution, and False Advertisement.
The Academy in its lawsuit says that the bags are unequivocally linked to the Oscars.
"Distinctive Assets' continued use of the Academy's trademarks not only infringes the Academy's trademarks, but it is also likely to dilute the distinctiveness of the Academy's famous trademarks and tarnish their goodwill," stated the lawsuit.
Magazines such as Vanity Fair, The Telegraph, Forbes, and Glamour were fooled into reporting the bags as associated with the Oscars.
Fary, the soi-disant "Sultan of Swag", designed his bag for Oscar Nominees who do not win on the big night.
"To be part of the film industry's biggest night on any level is thrilling," said Fary.
A week after being sent a letter by the Academy asking him to disassociate his bag with the Oscars, Fary posted the bags on Facebook with the hashtag #Oscargiftbags.
More than the use of the trademark, the major problem that the Academy has with the fake gift bags are the more unsavory and less than wholesome gifts included which include a $250 marijuana vaporizer, a $250 sex toy, and $5,500 plastic surgery.