European multinational luxury goods conglomerate LVMH (Louis Vuitton’s parent company) recently lost a further trade mark lawsuit against American accessories brand My Other Bag founded in 2012 by Tara Martin. My Other Bag prints animations inspired by iconic handbag designs on canvas tote bags.
LVMH filed numerous claims for trade mark dilution, violation of fair use, dilution by blurring, trade mark infringement and copyright infringement against My Other Bag over its use of Louis Vuitton’s infamous Monogram and Damier product range.
LVMH lost the actions for the following reasons: lack of market proximity between the products and unconvincing evidence of consumer confusion.
Louis Vuitton lost the right to trade mark its Damier checkerboard pattern in 2011 after it was ruled that the pattern design was too common to be owned by one brand.