Feb 26 • 02:41 UTC 🇰🇷 Korea Hankyoreh (KR)

Supreme Court: Remodeling Louis Vuitton Bags Does Not Constitute Trademark Infringement, Case Sent Back

The South Korean Supreme Court ruled that remodeling luxury brand bags for personal use does not violate trademark rights, overturning a lower court's decision.

The South Korean Supreme Court has made a significant ruling stating that remodeling luxury brand bags, specifically Louis Vuitton, for personal use does not amount to trademark infringement. This ruling came after Louis Vuitton initiated a lawsuit against a remodelling artisan, claiming that the presence of their logos on the redesigned bags constituted a violation of their trademark rights. The case originally arose when Louis Vuitton sought damages of approximately 30 million won, arguing that the remodelling business was undermining their brand by altering bags that still bore their logo.

In the lower courts, the initial and appellate decisions favored Louis Vuitton, with the artisan being ordered to pay 15 million won in damages. However, the Supreme Court overturned these decisions, emphasizing that the remodelling was conducted at the request of individual bag owners for personal use. The court clarified that this practice does not meet the legal definition of 'use' under trademark law as long as the remodelling occurs for the personal benefit of the original owners, hence not infringing upon the trademark owned by Louis Vuitton.

Additionally, the Supreme Court noted that if a remodelling artisan were to dominate the remodelling process and effectively treat the remade products as their own for commercial distribution, then it could lead to trademark infringement. The court indicated that a variety of factors, such as the original owner's request, the nature of the remodelling, and the financial aspects of the transactions, need to be scrutinized to determine if any trademark violations occurred. This landmark ruling may set a precedent for how remodelling of branded items is viewed legally in South Korea, balancing creative customization with intellectual property rights.

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