Louis Be-Gone

Luxury brand Louis Vuitton’s trade mark opposition against Aina Yang’s trade mark application has been rejected in its entirety by the EUIPO’s Opposition Division (“the Division”).

Louis Vuitton’s attempt to block the mark was based upon grounds the mark would confuse consumers with their own interlocking LV mark when placed on goods such as clothing. Yang’s mark consists of an interlocking N and L with the words ‘LOVES VITTORIO’ underneath. The Division rejected the opposition in its entirety, stating that despite the common stylisation, there was no likelihood of confusion between the marks and the marks were only similar to a low degree.

The Division also stated that Louis Vuitton provided no evidence that the mark LV has any reputation within the European Union, and therefore concluded the new mark would take no unfair advantage of, or be detrimental to, the distinctive character of the earlier mark. Whilst the decision may have been music to Aina Yang’s ears, some have branded the decision as “surprising.” Jerome Tassi, a partner at Parisian based law firm AGIL’IT, commented the absence likelihood of confusion is questionable in this case. Especially given the fact the LV are the initials of the slogan “LOVES VITTORIO”.

It is possible that had Louis Vuitton provided evidence of reputation of the LV mark, the Division may have ruled in its favour.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.