The abiding Louis Vuitton pattern

AI version of a diluted Louis Vuitton bag

You don’t have to be a fashionista to know that a Louis Vuitton bag is instantly recognisable thanks to its iconic pattern.

The pattern, combined with the exclusivity of the bags, makes them irresistible to consumers, and has also helped to make LVMH (the parent company) one of Europe’s most successful companies. But of course, when you're successful, there will always be someone wanting to free-ride on your success. After all, what could be easier than copying an exclusive image in order to benefit from it yourself?

The Louis Vuitton pattern is protected as a trademark in the European Union, and a recent application filed by a Chinese trademark owner for a pattern for bags shows just how necessary this is.

Although there are clear differences between the registered Louis Vuitton patterns and the filed pattern, it’s not difficult to demonstrate that there is a risk of confusion, given the wide scope of protection enjoyed by the Louis Vuitton trademarks. Louis Vuitton has therefore filed an opposition to this Chinese application on the grounds of confusion, free-riding on a famous trademark, and the risk of dilution.

Dilution means that your brand risks losing its distinctiveness because of a plethora of lookalikes on the market. To establish dilution and free-riding on its reputation, Louis Vuitton must first provide proof of its brand’s reputation. At first sight, this might look like a straightforward task, but it will actually involve a significant amount of work given the extensive evidence that has to be submitted. It’s highly likely, however, that Louis Vuitton already has a dossier prepared, as this is certainly not the first time that it has been called upon to defend its trademarks.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.