Language and law group project by https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72 Louis Vuitton Chicken en-us 2022-04-20 11:26:58 UTC 2026-02-10 22:00:37 UTC hello@padlet.com 1. Senior mark name analysis charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150170599 Louis Vuitton


Under US trademark law, surnames are treated as descriptive marks. However, once the name has achieved secondary meaning, it becomes protectable as a trademark. (Tysver, 2022)

Louis Vuitton, outside the name of the products and the name of the founder, has no meaning. It originates from the old French for guide, Gui. The surname is fairly uncommon in France and therefore has some distinctiveness. Since the mark has no semantic meaning to the service or goods offered and doesn't exist outside of the product offered, the mark is at least fanciful. But, the mark could be arbitrary, as the surname is not unique to the family owning the brand, and "Louis" is a very common European name. (Cornell Law School, N/D)


]]> 2022-04-20 11:33:16 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150170599 4. Junior mark name analysis charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150171673 Name
Louis Vuiton Dak 
The word 'Dak' is the word for chicken in Korean. The last two words are read 'tongdak' which is the Korean word for whole chicken. 
https://trademark.eu/louis-vuitton-dont-be-a-chicken/ 


]]> 2022-04-20 11:34:14 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150171673 Name comparison Elaine charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150175614 Louis Vuitton - [lu.i. vi.tɔn] - (4 phonemes).          
Louis Vuitton Dak - [lu.i.Vi.tɔn.dæk] - (5 phonemes).      
ChaLouisvui tondak - [ʧɑ.lu.i.vi.tɔn.dæk] - (6 phonemes) .      

Similarities: 3/10 morphemes are shared. (30%). Pronunciation and stress pattern are very similar. The stress in both names is placed on the /i/ and there is identical pronunciation of the senior trademark "Louis Vuitton".   

Differences: The senior trademark consists of 4 phonemes and the junior trademark consists of 6 phonemes. 

The phonemes "cha" and "dak" are added to the beginning and end of the word. A /t/ has been removed in the junior mark compared to the senior mark from Vuitton. Phonologically, this makes no difference to the name as the second /t/ is silent. 

Semantically, the names of the senior mar and the junior mark have nothing in common. This is mostly because of the fanciful nature of the senior mark.

Phonetically, the names are similar. The first name of the junior mark is very close to the senior mark. The first of the junior mark names only differ by one syllable. the second name for the junior mark differs by two syllables. 

Morphologically, the first name of the junior brand is closest to the senior brand. The phonemes in common are spaced in an identical manner. The second junior name is more distinct as the phonemes present in the first word and the second half and the second word are grouped and those in the second word of the senior name are split between two words.
(Sanderson,2007,p.139-40).]]> 2022-04-20 11:38:05 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150175614 Logo comparison Charlotte and Sara charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150176981 The logo is quite similar with the same font type and colour. The senior mark logo is LV and the junior mark logo is CL. The only difference between the two logos is the letter C which is used in the junior mark. ]]> 2022-04-20 11:39:13 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150176981 Name change and fine Elaine charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150177768 After the Korean business was threatened with fines for naming their business “Louis Vuitton dak”,  they quickly changed the name to “chaLouisVui tondak” separating Vui -ton. Although they had made some changes to the beginning and ending syllables and deleting one of the /t/ from the name it was still deemed far too similar to the senior trademark as there was no change in pronunciation  and therefore the company was still given a fine as translation or slight alteration of a registered trademark still constitutes infringement.
(Sanderson,2007,p.136).
(Louis Vuitton, 2016).



]]> 2022-04-20 11:40:00 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2150177768 2. Senior mark logo analysis charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158157898 Louis Vuitton's LV logo is not colour dependent. The shape of an uppercase L intersecting with an uppercase V has been a part of the brand since the mid 19th century. The V intersects halfway up the vertical section of the L and is parallel with the vertical section. the horizontal serifs on both letters are also all parallel. The font here is an italic roman font, and the serifs on the two letters are elongated.

In most countries, when a mark is being registered, the proprietor must indicate the goods or services they wish to be covered by the mark. In the EU, these goods and services fall into 45 categories, and the proprietor must be as precise as possible. (EUIPO, 2015)

The LV logo is currently protected on items such as tobacco products and accessories, clothing, cosmetics, perfumes, eyewear, leather goods, personal protective equipment, candles, paper goods and stationary. These are simply the board categories of protection. (WIPO, 2022)

Vuitton also has a pending patent regarding food packaging and food products. (WIPO, 2022)



]]> 2022-04-26 08:54:20 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158157898 3. Senior mark pattern charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158177827 The LV flower pattern is made up of the LV registered mark and is surrounded by three types of black and white flowers. This mark is protected against use of a wide variety of products including printed matter and stationary among other things such as cosmetics and linen and plenty of other products. (WIPO, 2022)

]]> 2022-04-26 09:09:35 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158177827 5. Pattern on junior mark https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158254796 The floral pattern
The floral pattern is used on the napkins, with the name Louis Vuiton Chicken (Dak) printed in the centre. The pattern includes black flowers with white dots in the centre and white flowers with black circles.

]]> 2022-04-26 10:17:25 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2158254796 Logo of junior mark https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2162916603 The logo is printed on napkins using the letters CL. The letters are uppercase and black on white background. The letter C is placed parallel to the L. The font is an italic roman with elongated serifs. The C intersects the L around halfway up the vertical segment. The serif of the bottom of the C is also parallel to the serif on the L. ]]> 2022-04-28 16:08:36 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2162916603 Sources charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2163506194 Charlotte
Cornell Law School. (n.d.). Trademark infringement. Legal Information Institute. https://www.law.cornell.edu/wex/trademark_infringement
 
European Union Intellectual Property Office. (n.d.). Goods and Services. Trade Marks. https://euipo.europa.eu/ohimportal/en/goods-and-services
 
Tysver, D. (2022). Strength of Trademarks. Www.bitlaw.com. https://www.bitlaw.com/trademark/degrees.html
 
World Intellectual Property Organisation. (n.d.). Perform a trademark search by text or image in brand data from multiple national and international sources, including trademarks, appellations of origin and official emblems. WIPO IP PORTAL. https://branddb.wipo.int/branddb/en/
 

Sara
Elaine
Louis Vuitton: Don't be a chicken! (2016,May,12). https://trademark.eu/louis-vuitton-dont-be-a-chicken
Sanderson,P.(2007).Linguistic analysis of competing trademarks, Language Matters, 38:1, 132-149.
]]> 2022-04-29 00:32:25 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2163506194 Likelihood of confusion charlottedeferrars https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2164337151 Elaine
The senior trademark “Louis Vuitton” is a highly recognised brand and this would have been likelihood of confusion. The businesses operated in completely different economic sectors and provide completely different goods and services. However, damage may also occur to the senior brand if consumers have a negative experience with the junior brand and associate the two (Sanderson, 2007).
A "reproduction, imitation or translation of any registered trademark" cannot be used as the likelihood of confusion is too high. (Sanderson,2007,p.135).


]]> 2022-04-29 13:53:22 UTC https://padlet.com/charlottedeferrars/uz7j60b4w9y43h72/wish/2164337151