Authored By – Nupoor
On September 12, 2020, an application was filed in the European Union Intellectual Property Office (“EUIPO”) to register the trademark “ ”. French luxury brand, Louis Vuitton filed an opposition in November 2021, against the mark claiming that the mark “LOVES VITTORIO” looked ‘too familiar’ to its famous ” ” label.
On January 14, the EUIPO rejected Louis Vuitton’s opposition application in entirety determining that while the mark “LOVES VITTORIO” was applied for identical goods to those offered up by Louis Vuitton, the two marks were not identical and there was no likelihood of confusion on the part of the public.
Comparing Louis Vuitton’s interlocking “LV” mark and “LOVES VITTORIO” mark, which consisted of the two letters N and L, the EUIPO observed that the similarity between the two marks was due to the fact that both used the letter ‘L’ in italics and that the two letters were juxtaposed.
The EUIPO further observed that mere use of a similar stylization, in presence of different elements of the signs, is not sufficient to claim an infringement.
In addition to considering the possibility regarding confusion between the two marks, the EUIPO turned its attention to determine whether the mark “LOVES VITTORIO” would unfairly exploit or damage Louis Vuitton’s reputation & goodwill. However, as Louis Vuitton failed to submit any evidence related to the reputation of its trademark by the deadline to support its objection, the EUIPO rejected the opposition application.
Reflecting on the outcome of the opposition, the decision of the EUIPO is surprising and ought to be put into perspective. Had Louis Vuitton presented evidence of the reputation of its “LV” mark, the opposition would have been decided in its favor.