The world of fashion and the fight to protect intellectual property rights
By Emma Peart
A number of large fashion companies have been recently flexing their muscles in attempts to fiercely protect their intellectual property rights.
Louis Vuitton has been busy protecting its rights in the case of Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 658 F.3d 936 (9th Cir. 2011) where it has taken legal action against the owners of a server which has allowed Chinese sites to publicise goods which its states breach various rights it has protected in copyright and patents. In Louis Vuitton Malletier vs Eisenhauer Flea Market Inc. No.11-SA-CA(WD.Tex.) Luis Vuitton pursued an action against the owner and Manager of a flee market claiming that they had been given sufficient notice that some merchants at the market were selling goods that infringed certain trademarks owned by Louis Vuitton. In Louis Vuitton Malletier, S.A. v. Warner Bros. Entertainment Inc. Louis Vuitton brought an action against Warner Brothers in relation to its film “ The Hangover Part II”. It claimed its intellectual property rights were infringed by references to a counterfeit bag and the line “careful-it’s a louis vuitton.”
Gucci has also shown it will not tolerate what it believes to be a breach of its intellectual property rights. In Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB), 2010 WL 2541367 (S.D.N.Y. June 23, 2010), Gucci brought an action against three credit card operators. It claimed that they had assisted website operators on which counterfeit Gucci goods were sold by providing a method of purchase,thus breaching its intellectual property rights.
More controversially, Christian Louboutin has attempted to state that a company’s use of a colour can be protected. Christian Louboutin was granted a trademark over the colour red used on its heels. However it is currently trying to protect its trademark against what it states is a breach of its trademark by Yves Saint Laurent. The second circuit states refused the claim, suggesting it did not view the use of red as aesthetically functional and therefore cannot be protected. Louboutin appealed the decision.
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