What Is The Legal Significance Of LV Suing Chinese Companies To Plagiarize Old Shoe Designs?

At the beginning of May, French luxury goods giant Louis Weedon formally launched a lawsuit against BELLE international holding company, a Chinese footwear company listed in Hongkong, accusing the company of infringing its popular Archlight series old shoe design patent.

"This lawsuit deserves close attention, because in addition to the controversy between two mature fashion groups, the controversial object is the fashion shoes popular in the global fashion circle," said SindyDing-Voorhees. She is a lawyer of KilpatrickTownsend&Stockton law and a joint director of the Chinese fashion, art, media, entertainment and sports (FAMES) law Institute.

Archlight sneakers first appeared in Louis Vuitton's 2018 spring summer series, and officially entered the global retail market in February 2018.

The futuristic appearance and comfortable design of shoes immediately attracted many famous fans, such as the Hollywood child star JadenSmith (Will Smith's son).

The retail price is about $1090, and the Archlight series is considered a strong competitor for Balenciaga's TripleS sneakers (about $950).

According to the legal documents obtained by South Morning ChinaPost, Louis Weedon filed a lawsuit against the high court of Hongkong on 3 May, accusing the two international subsidiaries of BELLE international holdings of China, BELLE international and Lizhong shoes, plagiarism infringement.

The French brand noted that since July 24, 2018, BELLE has started producing and selling products that are highly similar to that of old shoes.

Therefore, Louis Weedon asked the court to stop BELLE from further infringement and ordered the company to demolish and destroy all related items.

Luxury brands further claim compensation (uncertain amount).

Plagiarism is rampant in the global luxury fashion industry.

This is a recurring problem, which makes many big brands proud of their ingenuity, craftsmanship and top-level design.

Most luxury fashion designers tend to take legal measures to protect their intellectual property rights. Some of them, such as Gucci's creative designer AlessandroMichele, have accepted this question in a naughty manner, and regard plagiarism and imitation as a way of re creation.

There are really creative elements in plagiarism, but the reality of the problem is more complicated.

For example, although big names often regard themselves as victims, sometimes they are not quite the same. For example, a Chinese fashion student who studied at Parsons design school accused the high fashion brand Viktor&Rolf of replicating his designs in the 2017 autumn and winter high fashion series in Paris.

In law, fashion copyright and design protection have different legal standards in different countries and jurisdictions, which adds a layer of uncertainty to the future of Louis Vuitton.

"[chance of winning] will depend on whether Louis Weedon has registered any design rights or copyright or not registered before the launch of BELLE's sports shoes, especially when we are talking about BELLE's main customers and markets - China," Ding-Voorhees said.

Another factor in Louis Weedon's success in this controversy is its reputation in China's Archlight shoes.

The fact that Belle International Holdings Ltd has become a well-known brand in the Chinese market has also made the case more difficult.

Founded in 1991 by Tang Yao, Belle International Holdings Ltd is China's leading female shoe retailer, accounting for more than 20% of China's footwear market share.

The company went public on the Hongkong stock exchange in 2015.

"Even if Louis Weedon is able to protect his design rights or the copyright of Archlight shoes through direct registration or Berne Convention, the court will listen to BELLE's statements, such as their rights, creative process, publishing time and so on," Ding-Voorhees added.

For international luxury brands, the process of protecting Chinese copyright and design patents is mostly difficult.

Another successful case before was Italy ski suit brand Moncler.

The brand won a case against a Beijing clothing company in 2013, which produced similar winter coats and duplicated its trademarks.

Moncler finally received a compensation of $430000.

In China, the brand should carry out preventive work rather than react after being infringed.

Ding-Voorhees recommends that before the public design of a fashion item, especially the distinctive design will be sold in the global market - Louis Weedon and other brand owners should consider applying widely and quickly all the forms of intellectual property protection available.