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ARTICLE · 05 DECEMBER 2022

"Checkmate" For Louis Vuitton

Fox Williams LLP
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Last week the European Court gave a decision that Louis Vuitton had been fighting to avoid since 2015.

European UnionIntellectual Property
Scott Steinberg
Scott Steinberg
Stephen Sidkin
Stephen Sidkin
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Last week the European Court gave a decision that Louis Vuitton had been fighting to avoid since 2015.

The Court decided that Louis Vuitton's "Damier Azur" chess board pattern lacked the required distinctiveness to be a registered trade mark in the EU.

Unless Louis Vuitton appeals it will no longer have trade mark protection for the pattern which is used on accessories such as handbags and purses as well as other goods.

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The pattern lacking the required distinctiveness

Acquired distinctiveness requires that a significant proportion of the relevant public seeing the trade mark would identify the accessories as originating from Louis Vuitton.

For this purpose a range of factors are considered, including market share, the amount invested to promote the trade mark and "how intensive, geographically widespread and long-standing" the use has been.

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