French luxury brand, Louis Vuitton, recognized for selling designer handbags, recently lost its trademark protection on one of its signature patterns.[1] Established in the late 1880’s, the popular French luxury brand is notorious for creating high-end handbags, luggage, and fashion accessories.[2] The company is famous for producing bags in the fashion industry with monogrammed and Damier patterns. The Damier pattern resembles a checkerboard pattern printed on brown, white, or black canvas.[3] Louis Vuitton’s worldwide reputation is increasingly popular among celebrities, and some of the wealthiest people in the world can be spotted wheeling around Louis Vuitton’s luggage sets.
On April 21 2015, the European Union General Court refused to overturn previous rulings holding that Louis Vuitton’s signature Damier pattern was complex enough for trademark protection.[4] The court held that the pattern did not satisfy the distinctiveness element of trademark protection.[5] Louis Vuitton held both a national and community-registered trademark on its popular Damier pattern, but the court invalidated both of those trademarks.[6] Therefore, more designers now can design products with a similar checkerboard pattern and not have concern about the ramifications due to trademark protection.
Although Louis Vuitton no longer holds a trademark for its signature Damier pattern, the pattern has not been as popular among the industry as it once was.[7] Clients purchasing luxury products from Louis Vuitton are steering clear of logos that are printed on canvas. Most likely, individuals spending thousands of dollars on designer products strive to own a product that is leather and timeless. Products with logos often do not become a staple piece and often go out of style much more quickly. Regardless of the court’s decision, Louis Vuitton’s luxury products will continue to dominate the market.