Infringement: Refurbishing Luxury Bags
Landmark Decision on Luxury Bag Alterations
A South Korean appellate court has ruled that refurbishing luxury bags into new forms constitutes trademark infringement. The court ordered a repairer to pay Louis Vuitton Malletier 15 million won ($11,500) in damages. This decision reinforces the need for authorization when modifying branded products.
Infringement: Refurbishing Luxury Bags as and independent products
The court highlighted that reworked items crafted from original Louis Vuitton materials hold significant value in the secondary market. Due to their high resale potential, these altered products qualify as independent goods. Substantial changes, such as altering size, design, or structure, were deemed to create entirely new products, violating trademark rights thus refurbishing Luxury Bags is an act of Trademark Infringement
Misleading Consumers and Trademark Violation
Louis Vuitton’s logo remained visible on the refurbished items, with no indication they had been modified. This omission could mislead consumers into believing the products were original. As a result, the court determined this to be an unauthorized use of the brand’s trademark.
The Repairer’s Practices and Lawsuit
Between 2017 and 2021, the repairer used Louis Vuitton fabric provided by clients to create custom bags and wallets. These items were sold for prices ranging from 100,000 to 700,000 won. In February 2022, Louis Vuitton filed a lawsuit, arguing that these practices damaged its brand identity and quality guarantee. The brand sought a ban on the repairer’s actions and 30 million won in damages.
Court Upholds Louis Vuitton’s Claims – Infringement: Refurbishing Luxury Bags
The Seoul Central District Court initially sided with Louis Vuitton in November 2022 but The appellate court’s ruling has upheld this decision, emphasizing that significant alterations to branded items require explicit authorization. This case sets a critical precedent for protecting luxury trademarks in the growing secondary market.
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