Knowing when to enforce - Can Louis Vuitton Stop a Bubble Tea Brand Using a Flower? - Ep 43
What does a cup of bubble tea have in common with a Louis Vuitton handbag? A four petal flower sparked a trade mark dispute that offers useful lessons for anyone building a brand.
In this episode of Elise Explains IP, Elise Steegstra examines Louis Vuitton’s case against Chinese tea chain Molly Tea and explains why “we’re in different industries” may be an incomplete answer to a branding concern.
The episode explores:
- What trade mark protection means for a particular floral design.
- Why Louis Vuitton’s registrations extended beyond handbags.
- How customers might assume a collaboration, even when they recognise the businesses as separate.
- When a decorative symbol also functions as a trade mark.
- Why branding problems become more expensive as a business grows.
- Four practical checks before rolling out a new logo.
The case discussed is a first instance Chinese judgment. Molly Tea said it intended to appeal, and the episode does not present that decision as the final outcome.
Practical takeaway: Check your visual identity as carefully as your business name, before investing in packaging, signage and merchandise.
Free resource: Use the IP Audit tool to identify questions about your business’s intellectual property.
Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.
