The famous checkerboard pattern is what the Louis Vuitton brand is known for and they are now losing all rights to keep it to themselves.
The European Union’s General Court made a ruling that denied the luxury brand the right to trademark their Damier checkerboard pattern seen mostly on bags and accessories. The Court says the pattern is too common to be called the brands design and for it to be restricted to one brand.
The trademark was first granted to Louis Vuitton by the First Board of Appeal of the Office for Harmonization in the Internal Market (OHIM). OHIM’s explained the reasoning for allowing the brand to trademark this pattern back in 2011 to WWD, saying:
“The checkerboard pattern, as represented in the contested trade mark, was a basic and banal feature composed of very simple elements and that it was well-known that that feature had been commonly used with a decorative purpose in relation to various goods the contested trade mark, in the absence of features capable of distinguishing it from other representations of checkerboards, was not capable of fulfilling the essential ‘identification’ or ‘origin’ function of a trade mark.”
The first time Louis Vuitton tried trademarking it they were was also denied. Back in 2008 the German brand’s application was denied and declared invalid. It was not till 2011 that they had the pattern trademarked. With trademark infringement seeming to be a recurring theme in the fashion industry, there is no doubt that some may snatch this opportunity to re-create the infamous Louis Vuitton bag and more.
Adidas recently filed a suit against Isabel Marant for copying the Stan Smith trainer design and just a week ago Yves Saint Laurent filed a lawsuit against the What About Yves brand for their “Ain’t Laurent Without Yves” shirts.
It is still unknown if the Louis Vuitton brand will appeal the European Union’s General Court decision not allowing the brand to call the checkerboard pattern theirs.
