Acquired Distinctiveness in the EU After the Louis Vuitton Damier Azur Case

Description

In late 2022, the General Court of the European Union dismissed an appeal by Louis Vuitton of the cancellation of its trademark checkerboard Damier Azur pattern. The company had filed for the mark in 2008 and it was registered by the EU Intellectual Property Office (EUIPO) in 2009. The mark was challenged in 2015 when an application for a declaration of invalidity was filed and later granted. Louis Vuitton appealed to the EUIPO and eventually to the General Court. The General Court's decision demonstrates how challenging it is for trademark owners and applicants to prove acquired distinctiveness through use in the EU.

One of the challenges in the EU is that a trademark must be or must have become distinctive in essentially all member states. Considering the variation in language and culture between EU countries, it can be difficult to show how consumer perceptions and market conditions in each of the countries support a claim of EU-wide acquired distinctiveness.

Counsel for multinational companies often must seek trademark protection in the EU. Consequently, it is critical that they understand the requirements for demonstrating distinctiveness and how to best plan to meet the requirements.

Listen as our authoritative panel of IP attorneys examines the EU General Court's decision confirming the cancellation of the Louis Vuitton checkerboard trademark and the lessons that can be learned from the decision, offering perspectives from both EU and U.S. practitioners. The panel will address the challenges in demonstrating acquired distinctiveness for a mark that does not have inherent distinctive character and what steps companies can take to overcome those challenges, with a comparison of how the standards differ from U.S. practice and a particular lens on strategies for U.S.-based multinational companies.