Every once in a while you get a trademark bullying story that meets a just and proper end. Almost a year ago, we discussed how Louis Vuitton, famous maker of luxury fashion products and infamous trademark bully, did its bullying thing when it opposed the trademark application for a company in the UK called L V Bespoke. Louis Vuitton asserted that only it could use the letters “L” and “V” in its branding and further alleged that, because it uses those letters on metal affixed to its luxury items, it was further problematic in this case because L V Bespoke also makes things with metal. Lost in all of that was the simple fact that L V Bespoke makes gardening products and that the metal it works with are gardening support stakes. If you don’t believe this whole thing was really that stupid, go read the post. It was.
But Louis Vuitton is big and L V Bespoke is a tiny company without the legal warchest to match its interlocutor. The founders of the company, from which it derives its “L V” name, are Lawrence and Victoria Osborne and it would have been extremely easy for the two to cave to the fashion giant’s demands and either rebrand the company or close up shop. Fortunately, that didn’t happen and the UKIPO has sided with L V Bespoke and has granted it the mark.
“It’s a great way to start the new year and we can finally wholeheartedly embrace the branding of our business. To not have the worry of having to rebrand or rescope our business is a huge relief. We’ve had the handbrake on our business for the last six months awaiting this decision, so it’s been a long time coming,” said Victoria.
This is obviously the right decision, but we also shouldn’t allow the fact that this went on for months and months to go without more than a mere shrug of our shoulders. Louis Vuitton absolutely knew, or should have known, that this opposition was made without even a hint of merit. It bullied this small company because it could. I can’t think of another explanation for the opposition. And that opposition took a very real toll on Lawrence, Victoria, and their business.
“It’s been challenging both mentally and financially. Mentally it’s been hugely challenging for us as a family not knowing whether or not we can continue to grow our business with the presence and identity that we already have,” she said.
“Everything has come as a huge relief and I hope the next six months aren’t as challenging as what the last have been awaiting this decision so we can finally move forward,” she continued.
And to be clear, it wasn’t just emotionally taxing, having to fight this nonsense. The business had to spend the dollar-equivalent of nearly $20,000 to combat the opposition, while the final decision in the outcome only requires Louis Vuitton to reimburse L V Bespoke a quarter of that in costs. In other words, a small business had to spend the equivalent of nearly $15,000 out of pocket merely because one of the largest and wealthiest luxury designer brands on the planet decided to make nonsensical trouble.
That’s pretty shitty and draws the obvious point: there needs to be more punishment for filing absolutely senseless trademark oppositions such as this.
