Louis Vuitton has declared war to dupes

Lately, Louis Vuitton has raised the stakes against dupes, the low-cost reproductions of its products that have flooded the market in recent years and become increasingly popular among younger consumers, particularly Gen Z. With a series of legal actions, the flagship brand of LVMH group is trying to stop the invasion of copied models crowding the global market – but what’s remarkable is that the brand is no longer just targeting unknown knock-off labels but has started aiming at much bigger imitators. The most recent case, reported by Pambianco, involves Steve Madden, a US brand accused of copying its famous Multi Pochette Accessoires, the bag that combines multiple pouches and straps into a single accessory. Steve Madden is known for producing rather blatant dupes of products originally designed by brands like Celine, Saint Laurent, and Prada, but in this case, Louis Vuitton accused Steve Madden of directly copying its bag with the Burgent model. The lawsuit is not just about damages but also includes a request to ban the sale of the Burgent model across the entire European Union. As The Fashion Law explains, however, the legal issue has been complicated by the fact that Steve Madden is legally based in the Netherlands, while Louis Vuitton filed the case in France, where the French court does not have direct jurisdiction over the entire European market. As a result, the court decided to refer the case to the Court of Justice of the European Union (CJEU), which will have to decide whether Louis Vuitton can seek an EU-wide sales ban through a French court. If the ruling goes in Louis Vuitton’s favor, it could represent a crucial victory in the fight against dupes, with important legal consequences for other brands facing the same issue.

While awaiting a verdict that could mark the first significant luxury victory against dupes, Louis Vuitton has scored another legal win – this time against another luxury brand, Van Cleef & Arpels, which had accused Louis Vuitton of copying and ended up defeated. On March 5, the French Court of Cassation sided with Louis Vuitton in its dispute with the Richemont Group brand over the use of a similar floral motif to Van Cleef & Arpels' iconic Alhambra design. Richemont had accused Louis Vuitton of unfairly exploiting the reputation of its famous design with the Color Blossom collection, which featured a four-petal motif similar to Van Cleef & Arpels' clover shape. However, the court rejected the charge of “parasitic competition”, which required proof that Louis Vuitton had deliberately exploited Van Cleef & Arpels' reputation for financial gain. The court found that the clover motif was a common element in the jewelry industry and that Louis Vuitton had used its own pre-existing design, similar but distinct from that of Van Cleef & Arpels. The ruling stated that although there were similarities between the two designs, there was no unlawful appropriation by Louis Vuitton. Rather than defending the brand from imitations, the ruling reaffirmed the strength of Louis Vuitton’s branding and of its individual components (specifically the clover motif) against the claims of other historic brands. According to The Fashion Law, “the decision strengthens existing protections for trademarks in terms of product expansion (somewhat similar to the natural zone of expansion in the US), thus allowing companies to expand existing designs without facing legal restrictions.”

Another important chapter in this legal battle was written last October, when Louis Vuitton secured a decisive victory against an attempt to register a trademark imitating its Toile Monogram in the European Union. As The Fashion Law explains, the Opposition Division of the European Union Intellectual Property Office (EUIPO) rejected the registration request by an unaffiliated third party that sought to use a decorative motif similar to Louis Vuitton’s famous monogram, featuring the floral pattern and letters. The new trademark was intended for use on apparel, footwear, and leather goods—sectors where Louis Vuitton has a strong presence. The EUIPO’s ruling emphasized the importance of protecting well-known trademarks from attempts at “free riding”, that is, attempts to unfairly capitalize on the reputation of established brands. The decision highlighted the exclusive value of luxury brands like Louis Vuitton and how they must be protected from imitations that could damage their identity and distinctive strength in the global market.

Louis Vuitton’s recent legal victories clearly signal the maison’s intention to stop the wave of dupes that is threatening the exclusivity of its luxury products. The issue is more pressing than it seems: as Vogue Business reports, on TikTok alone, the hashtag #dupe has grown from 3.5 billion views in 2023 to 6.3 billion views this year – and more and more high street brands, led by COS and Zara, are seeing massive success with their low-cost imitations. Just consider that in the latest Lyst ranking, COS forcefully entered the list, landing in 17th place, propelled by the virality of a women’s cashmere sweater that is a dupe of a cashmere sweater by The Row, costing six times more. But many of the accessible products and brands in the latest ranking were dupes: the crew-neck cardigan by &daughter is a dupe of the one by Prada, which costs 2.5 times more; while the loafers by Massimo Dutti closely resemble those by Saint Laurent. Not to mention the Minimal Sneakers, also by COS, which are a more affordable reconstruction of the successful model by Dries Van Noten, now a symbol—alongside the New Balance x Miu Miu collab—of the slim sneakers trend. However, if Louis Vuitton wins its case at the EU Court of Justice, things might be about to change: with such a strong precedent, the hunting season could truly open, and now that fashion is in crisis, more and more brands may start to go after their imitators to stop the sales bleed and protect an exclusivity that is increasingly at risk.