Louis Vuitton trademark applications sunk by Australian woman

An Australian businesswoman has successfully opposed two trademark applications filed by Louis Vuitton-owned cosmetic company Benefit Cosmetics.

IP Australia, Australia’s intellectual property office, rejected two trademark applications for the term ‘Benefit Browbar’ that had been filed by Louis Vuitton.

The French fashion brand had applied for the marks under its full name LVMH (Louis Vuitton Moet Hennessy).

The trademarks were rejected after an opposition was filed by Chernae Noonan, owner of The Brow Bar and of two Australian trademarks for the phrase ‘The Brow Bar’.

The Brow Bar is a beauty services company founded by Noonan in Queensland in 2003. Although the trademarks owned by the Brow Bar are attributed to Chernae Noonan, the official website refers to her as Chernae Silk.

Noonan’s marks were registered in 2005 and 2006 and cover retail services and hair and body management services.

The opposition proceedings were heard on February 15 this year.

Nicole Worth, a hearing officer at IP Australia, rejected LVMH’s claims to the two trademarks and ruled in favour of Noonan.

She said: “I do not consider that the addition of the word ‘Benefit’ to ‘Browbar’ differentiates the trademarks from the ‘The Brow Bar’ to such an extent that confusion or deception is unlikely.

“I therefore find that the opposition’s trademark had a reputation and that the use of the trademarks by LVMH is likely to deceive or cause confusion,” she added.

Neither Chernae Noonan nor LVMH responded to a request for comment.