“Not distinguishable”
The LVMH subsidiary has tried to fight off counterfeit products for years by getting its well-known brown-beige Damier checkerboard pattern patented. It managed to do so in 2008, but it lost its European Union patent in 2010 after German brand Nanu-Nanu filed a complaint and the First Board of Appeal of the Office for Harmonization in the Internal Market, charged with all brand and model registrations within the EU, cancelled the patent.
The French luxury concern did not leave it at that and appealed the decision, which was then brought in front of the Court of Justice of the European Union. It has now upheld the previous decision, stating that the pattern had been wrongfully patented back then. According to the judges, the checkerboard pattern does not have “distinguishing features” and Louis Vuitton “has failed to give it one as well”. The Court also points out that checkerboard patterns are frequently used as purely decorative elements and that it is “very simple”.
Counterfeit products are a growing plague in the fashion world and the major brands are heading to court to get ahead. Adidas is currently in a legal battle with Marc Jacobs because of one his “Marc by Marc Jacobs” spring collection jackets, which bears a resemblance to the sports brand’s three stripes – although there are four on the jacket. Similarly, Adidas has accused Isabel Marant of copying the Stan Smiths sports shoes.
