The Beijing Intellectual Property Court has heard an administrative trademark lawsuit filed by French luxury brand Louis Vuitton Malletier against China’s National Intellectual Property Administration (CNIPA) over a disputed four-petal floral trademark.
The hearing took place on July 16. Louis Vuitton appeared as the plaintiff, CNIPA as the defendant and Guangdong clothing business operator Huang Minyao as a third party to the proceedings.
According to Chinese media reports, the dispute involves a four-petal floral trademark application by Huang. Louis Vuitton challenged the application through administrative procedures, but CNIPA did not support the company’s claims, leading Louis Vuitton to file suit against the regulator.
The lawsuit is an administrative case rather than a trademark infringement action. According to legal experts cited by Chinese media, the case concerns the legality of CNIPA’s administrative decision.
Public records cited by Chinese media indicate that this is the sixth trademark-related lawsuit Louis Vuitton has filed against CNIPA. Reports state that the company won three and lost two of its previous five cases against the intellectual property authority.
The case also follows Louis Vuitton’s recent trademark infringement victory against Chinese tea chain Molly Tea. The Suzhou Intermediate People’s Court found that Molly Tea had infringed seven registered four-petal flower trademarks owned by Louis Vuitton and ordered the company to pay Rmb10.3 million (US$1.5 million) in damages and legal expenses. Molly Tea has said it intends to appeal.
No ruling has yet been announced in the Beijing Intellectual Property Court case.
- Cathy Li
