Patent Court Decisions
Title | [Design] Louis Vuitton Case (Patent Court Decision 2019Heo2967) | ||
---|---|---|---|
Date | 2020.05.07 | Hit | 656 |
Attached File | 12. [Design] 2019Heo2967 (Louis Vuitton Case).pdf |
The differences in the shape of each unit figure and the existence of the logo in the subject design( ) and the prior trademarks ( , ) are merely minute modifications that can appear when each mark of the prior trademarks, which are well known and famous, is expressed in a design. Ultimately, the shape of the subject design is similar to each mark of the prior trademarks. And, it would be reasonable to deem that the general consumers are likely to mistake or confuse a bag on which the subject design is embodied and goods, such as bags, etc., which are handled by the intervenor, who is a holder of rights in the prior trademarks, which are well known an famous, or a party in a special relationship with the intervenor. Since the subject design is similar to the marks in the prior trademarks of the intervenor, which are well known and famous, the subject design is a design that is likely to cause confusion with goods, such as bags, etc., related to the business of the intervenor. Thus, the subject design shall be de-registered under Article 34(iii) of the Design Protection Act.