Louis Vuitton goes all-in against Live! Casino

Ask anyone how they recognise Louis Vuitton products and they will almost certainly mention the monogram pattern, the floral motifs, and the dark background with gold-coloured signs. These elements are associated with luxury, craftsmanship, and exclusivity.

To protect that identity, Louis Vuitton has registered the pattern as a trademark and actively enforces it against all forms of infringement. Such infringements occur regularly, and sometimes from unexpected quarters. Recently, the fashion house had to bring proceedings in the United States against Live! Casino & Hotel Maryland and The Cordfish Company. In a sales campaign under the name “The Art of Luxury”, bags were offered bearing a pattern that looked strikingly familiar:

According to Louis Vuitton, the products featured a pattern that almost copied the famous monogram one-to-one. The most striking detail: the LV logo had been replaced by the word “Live!”. Even a neutral observer would likely conclude that this was not a case of subtle referencing, but rather a bold attempt to ride on Louis Vuitton’s recognisable luxury appeal.

According to the complaint, the products were not only decorated with a highly similar pattern, but also imitated the colour scheme, shapes, and design choices of genuine Louis Vuitton products. The casino’s bag line was modelled almost one-to-one on Louis Vuitton.

Louis Vuitton also argues that the sales campaign surrounding these bags was a deliberate marketing strategy to attract visitors to the casino. It suggested that there was a connection between Louis Vuitton and Live! Casino.

A well-known brand image cannot safely be ‘translated’ simply by replacing one element with your own name. certainly not where the rest of the pattern, the products shape, and the commercial context continue to rely on recognition of the original. For trademark owners, it is a warning: a luxury look may be attractive, but once that look is mainly borrowed from another brand, the campaign may end up not in the shop window, but in the courtroom.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.