No confusion Louis Vuitton
EUIPO states that the brands are not very similar, at least, there’s no likelihood of confusion for consumers. I imagine you may think of Louis Vuitton if you see the Loves Vittorio label in a flash. But fair enough, it might not be confusing.
Association
But of course, the matter doesn’t end there. After all, the owner of a well-known trademark cannot only take legal action due to a risk of confusion. If your trademark has an excellent reputation, you can also take action if the consumer associates a new brand with your brand. On seeing the new brand they are reminded of the well-known brand, it can be sufficient for an infringement. The background to this rule is that it can’t be too easy for new trademarks to take unfair advantage of the image of a famous trademark.
Evidence
Louis Vuitton asserted the reputation of its logo in this case. No one doubts the fame of this brand and the association with Louis Vuitton that the Loves Vittorio logo evokes. However, even if it is a global trademark, the trademark owner must substantiate this reputation with evidence. Whether you are Apple, Nike or LV, you must show sales figures, marketing efforts, great articles that talk about your brand, etc.
Did you forget something, Louis Vuitton?
Strangely enough, despite receiving an emphatic reminder from the trademark office, Louis Vuitton did not submit any documentary evidence. Not a single piece. Is it possible they simply forgot? Was the responsible individual on vacation? Did the envelope get lost on the way to the letterbox? We don’t know. In any case, EUIPO had no choice but to reject the opposition, despite everyone feeling that the Loves Vittorio logo evokes a strong association with the world-famous LV logo. And this is how you can lose a case with a winning hand anyway.
Bas Kist
