Louis Vuitton Wins Dispute over ‘Custom-made’ Goods in Japan

2018/11/16

The Japan IP High Court has awarded luxury fashion brand Louis Vuitton JP¥1.7 million ($14,921) in a trademark dispute over the sale of custom-made secondhand branded goods. Japan-based Marks IP Law Firm shared the news of the French brand’s victory on November 4. At the centre of the dispute was Louis Vuitton’s famous ‘Toile Monogram’ design mark. The pattern, which features different floral shapes in a particular layout, is used on the brand’s clothing and accessories. Louis Vuitton accused the individual behind Junkmania, an online clothes retailer, of producing unauthorised shoes, caps, and other fashion items featuring the famous design, and promoting them via the Junkmania platform. In response, the individual claimed that Junkmania had become popular among consumers due to its business in producing custom-made remakes from second-hand genuine branded goods. Siding with Louis Vuitton, the court ruled that the pattern does act as a source indicator in light of Louis Vuitton’s reputation and recognition in the mark. The Japan IP High Court made its ruling on October 23.

Source: WIPR