What happens when a casino giveaway starts looking a little too much like a popular designer handbag? The situation can end up in a legal showdown involving one of the biggest names in luxury fashion. Louis Vuitton is suing Maryland Live! Casino, accusing the casino of borrowing heavily from its famous monogram design for a rewards promotion aimed at players.
It’s all because of a campaign called “The Art of Luxury,” which offered loyalty members of the casino branded merchandise including handbags, backpacks and toiletry bags. Louis Vuitton claims the items very closely resembled its signature pattern. The merch replaced the fashion house’s iconic “LV” initials with the word “LIVE.”
In court filings, Louis Vuitton described the move as “particularly brazen.”
Inspiration gone too far?
In its complaint, the luxury retail giant alleged the campaign was done to “purposefully infringe the iconic Louis Vuitton Monogram Design and to effectively link Louis Vuitton with defendants’ Live! Casino.”
“This was done with one specific and intentional purpose—to falsely convey to the consuming public that Louis Vuitton and defendants’ Live Casino are affiliated,” it said.
Louis Vuitton claims the casino ran another campaign, called “Endless Elegance,” which offered customers the chance to win what it described as authentic Louis Vuitton products.
Now, the luxury brand is asking for a federal judge to step in, wants the merchandise destroyed, corrective advertising to be issued, and financial damages to boot, which could potentially reach into the millions.
For Louis Vuitton, the fight is about more than the promotional giveaways. The company argues its logo, patterns and brand image are some of its most valuable assets and that fake lookalike products can chip away at the exclusivity and prestige it has spent generations building.
According to the United States Patent and Trademark Law office, trademark law is designed to protect consumers from being confused about who made a product, who endorsed it or whether two brands are connected. In other words, a company doesn’t necessarily have to prove someone created a perfect knockoff, only that consumers could reasonably think there’s a link.
Louis Vuitton argues the Maryland Live! Casino wasn’t just taking inspiration from luxury culture, it was trying to tap into the cachet and recognition of one of the most famous luxury brands in the world.
Moneywise reached out to both Louis Vuitton and Maryland Live! Casino for comment.
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Luxury brands act fast when they think they’ve been copied
Louis Vuitton isn’t the first luxury fashion brand to defend its image in court. The practice also isn’t foreign to the company itself. In 2014, Louis Vuitton sued another company called My Other Bag, which sold inexpensive canvas totes printed with cartoon-style images of luxury handbags. The fashion house argued consumers could be confused, but as Forbes reported in 2017, courts ultimately sided with the tote maker, ruling shoppers were in on the joke.
Tiffany & Co. infamously spent years battling Costco after the warehouse retailer sold diamond engagement rings described as “Tiffany” rings, even though they were not made by Tiffany, according to CNBC.
The trademark wars also go beyond traditional brick-and-mortar retail. In a landmark example from the digital age, Hermès sued the creator of “MetaBirkins” NFTs, claiming virtual images inspired by its iconic Birkin bag were unfairly trading on the luxury brand’s reputation.
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Freelance writer with an economic development and consulting background.
