Knobbe Martens partner Charlene Azema, together with Kunz-Hallstein Rechtsanwälte partner Roberto Kunz-Hallstein and Bird & Bird partner Géraldine Arbant, has co-authored an article for World Intellectual Property Review on the challenges brands face in proving acquired distinctiveness.
The article, “Louis Vuitton ‘Damier Azur’ case: If they cannot prove acquired distinctiveness in the EU, how can you?,” examines why brands should not take consumer recognition for granted in light of a high-profile decision by the EU’s General Court cancelling Louis Vuitton’s EU trademark registration for its “Damier Azur” pattern.
In the piece, Ms. Azema and her co-authors analyze the EU General Court’s decision in the case, explain why the factors involved in the case matter to U.S. brand owners, and offer up strategic considerations for brands seeking to register a non-distinctive mark.
To read the full article, click here.
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