Louis Vuitton: European V. American Fashion IP Rights
This analysis intends to explain and compare, in a summary the way the intellectual property protection of high fashion brands and their creations in America and Europe and in particular, the protection that Louis Vuitton and its bags receive in both continents.
The protection of fashion design and in particular, high fashion design has evolved in the last few decades; however, this evolution has not been homogeneously in all countries, this is most evident when comparing the protection of fashion design in America and Europe. The two continents seem to be at different points on the evolutionary intellectual property protection curve, in particular when related to their attitude towards …show more content…
Even though, it is not an overall way to protect the garment as a whole, however, the innovative aspect of the garment or creation could be protected. An analysis of Louis Vuitton as an iconic example of a high end brand and how it has protected its, and in particular iconic products such as its bags using all what the US Intellectual property laws has to offer from patent designer to copyrights, trademarks and trade dress. A more detailed analysis of these is necessary to understand the kind of strategy a high-end brand would use to protect its intangible …show more content…
Many of these trademark are the same logo, just registered for a different uses, nonetheless the diversity and quantity of trademarks, it is substantial for one brand. Some examples of the trademark owned by Louis Vuitton are a trademark for the same bucket that is protected by design patent ; however now as a trademark for the brand that could be used in hand bags and other accessories. Another example is the word mark LV surrounded by the Daffodils iris flowers in circles, diamonds (four or more) both completed or partially shaded, this trademark not only shows the specific logo but the configuration of the components of the logo. Louis Vuitton also separately trademarks these components; an example of this is that the LV logo is a trademark by itself . Nevertheless, most of the trademarks owned by Louis Vuitton do not claim colors. Therefore, when the case of Louis Vuitton Malletier V. Dooney & Bourke Inc. occurred the brand could not use any of their registered trademarks to defend themselves in the issue of infringement of a registered trademark related to the color of the design and had to use the overall look and secondary meaning defense. The court agreed that the bag acquired and the design acquired secondary meaning in the market, and it was susceptible of trademark protection. Nonetheless, disagreed in relation to the confusion and similarity aspects of the infringement claim. In
This analysis intends to explain and compare, in a summary the way the intellectual property protection of high fashion brands and their creations in America and Europe and in particular, the protection that Louis Vuitton and its bags receive in both continents.
The protection of fashion design and in particular, high fashion design has evolved in the last few decades; however, this evolution has not been homogeneously in all countries, this is most evident when comparing the protection of fashion design in America and Europe. The two continents seem to be at different points on the evolutionary intellectual property protection curve, in particular when related to their attitude towards …show more content…
Even though, it is not an overall way to protect the garment as a whole, however, the innovative aspect of the garment or creation could be protected. An analysis of Louis Vuitton as an iconic example of a high end brand and how it has protected its, and in particular iconic products such as its bags using all what the US Intellectual property laws has to offer from patent designer to copyrights, trademarks and trade dress. A more detailed analysis of these is necessary to understand the kind of strategy a high-end brand would use to protect its intangible …show more content…
Many of these trademark are the same logo, just registered for a different uses, nonetheless the diversity and quantity of trademarks, it is substantial for one brand. Some examples of the trademark owned by Louis Vuitton are a trademark for the same bucket that is protected by design patent ; however now as a trademark for the brand that could be used in hand bags and other accessories. Another example is the word mark LV surrounded by the Daffodils iris flowers in circles, diamonds (four or more) both completed or partially shaded, this trademark not only shows the specific logo but the configuration of the components of the logo. Louis Vuitton also separately trademarks these components; an example of this is that the LV logo is a trademark by itself . Nevertheless, most of the trademarks owned by Louis Vuitton do not claim colors. Therefore, when the case of Louis Vuitton Malletier V. Dooney & Bourke Inc. occurred the brand could not use any of their registered trademarks to defend themselves in the issue of infringement of a registered trademark related to the color of the design and had to use the overall look and secondary meaning defense. The court agreed that the bag acquired and the design acquired secondary meaning in the market, and it was susceptible of trademark protection. Nonetheless, disagreed in relation to the confusion and similarity aspects of the infringement claim. In