Weeding Out The Competition

Big brand owners often get a bad press when they're involved in David and Goliath trade mark disputes, however, policing the Trade Mark Register is an integral part of strengthening a business' brand identity.

Keeping the Register clear of all other conflicting trade marks is crucial for the reason that if a genuine competitor ever came along, it is important that brand owners could claim and substantiate their monopolies. How far they should go, however, is a fine line and Louis Vuitton may have crossed it in this particular case.

There is also an important distinction in trade mark law which is often overlooked by the general public – that between registration and use of a trade mark. Whilst Louis Vuitton sought to strengthen its registered monopoly in LV and challenged the Osbornes' trade mark application through the UK Intellectual Property Office, this is not the same as litigating their use through the UK Courts. It is highly unlikely Louis Vuitton will