Louis Vuitton has been unsuccessful in its opposition against the below lookalike interlocking mark – which we consider to be obviously trying to create an association with LV. Despite this, the EUIPO has held that the marks are similar to a low degree and that there is no likelihood of confusion on the part of the public.

Whilst this decision may be surprising, the more surprising fact is that that LV failed to provide any evidence to support its reputation claim, which is likely to be the downfall of the opposition. Had evidence been provided, we would expect the result to be different.

This case is a great reminder that you must be prepared to file evidence of reputation when challenging on that ground. Without actual evidence, even for world famous brands such as LV, the reputation ground will be dismissed.

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