Louis Vuitton ‘Damier Azur’ case: If they cannot prove acquired distinctiveness in the EU, how can you?

On October 19, 2022, the EU’s General Court (GC) issued a final decision cancelling Louis Vuitton’s EU trademark registration for its “Damier Azur” pattern, finding that Louis Vuitton had failed to prove that the design had acquired the requisite secondary meaning in the EU.

This article explores the court’s analysis and the effect of the decision on proving acquired distinctiveness in the EU. It also offers a comparison with US practice and guidance to brands looking to register non-distinctive marks under the elevated acquired distinctiveness standard in the EU.

The case is T-275/21 Louis Vuitton Malletier v EUIPO (ECLI:EU:T:2022:654, October 19, 2022)

In October 2022, the GC affirmed the EU Intellectual Property Office (EUIPO) Board of Appeal’s decision that, following a cancellation action, registrant Louis Vuitton had failed to prove that its EU trademark registration for the “Damier Azur” pattern (below) had acquired distinctive character throughout the EU. The decision was made final, and the registration was cancelled.