The General Court of the EU agrees with Louis Vuitton Malletier

New York - The General Court of the European Union has agreed with the French luxury brand by annulling a resolution of the European Intellectual Property Office (EUIPO) on the use and recognition of the well-known picture stamping of the brand.

In 2008, the Parisian luxury company Louis Vuitton obtained its trademark registration consisting of a figurative sign made up of brown and beige squares (known as “Damier Azur”) by both the International Office of the World Intellectual Property Organisation ( WIPO) as for the EUIPO, recalls legal publication 'Noticias Juridicas'. At that time, Louis Vuitton applied for brand protection for suitcases, bags, trunks, toiletry bags, backpacks, other travel items, wallets, and umbrellas.

In 2015, a Polish citizen filed with the EUIPO a request to cancel the effects of the international registration for “Damier Azur”. A year later, the EUIPO accepted the cancellation request for all the products referred to in the international registration, considering that the Louis Vuitton design was too common to be monopolised by a single brand. The French luxury group appealed to EUIPO, but its appeal was dismissed; Louis Vuitton presented his case before the General Court of the European Union (TGUE) alleging that EUIPO had been wrong to appreciate both the intrinsic distinctive character of its brand and the acquisition of that character through use.

Now, the TGUE agrees with Louis Vuitton as it considers that the evidence provided by the Parisian company Louis Vuitton Malletier sufficiently proves that its brand had acquired distinctive character thanks to its use throughout the Union.