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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
SUNDAY, 18 MAY 2008
Louis Vuitton sues Danish artist over trade mark infringing t-shirt

Some news from the world of fashion. Several newssites report that Danish design student Nadia Plesner has been sued by the French design house Louis Vuitton for trade mark infringement on her charity Simple Living T-shirt, where the profits from sales are donated to Divest for Darfur. According to FoxNews Plesner's T-shirt design features a Darfur victim carrying what appears to be a Louis Vuitton purse and a tiny dog (in a fashion resembling Paris Hilton). Ms Plesner is cited saying that the design is meant to "show that this is what the world is paying attention to "while thousands are dying of genocide". The New York Post cites Ms Plesner further "I stand up for my artistic freedom to express my view of the world... without restrictions." Adland quotes Louis Vuitton's view of the matter, which is expressed in letter to Ms. Plesner and reads in part:

"Although we applaud your efforts to raise awareness and funds to help Darfur, a most worthy cause, we cannot help noticing that the design of the Simple Living Products includes the reproduction of a bag infringing on Louis Vuitton's Intellectual Property Rights, in particular the Louis Vuitton Monogram Multicolore Trademark to which it is confusingly similar. We are surprised of such a promotion of a counterfeit bag."

Image from Nadia Plesner's website at www.nadiaplesner.com

It is not clear from the news reports where the law suit was filed. It is definitely an interesting case: to what extent can art and freedom of expression justify the use of a trade mark? It could, of course, be argued that Ms Plesner could have made her point without using the Louis Vuitton trade mark and still get her important message across - but would it have made the same impact and received the same interest?

Posted by: Birgit Clark @ 13.02
Tags: freedom of expression, louis vuitton, trade mark infringement,
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