Louis Vuitton: checkerboard pattern cannot be patented!

By

Jean-Paul Leroy

Published
Apr 30, 2015

The Court of Justice’s ruling handed down on April 21 regarding Louis Vuitton’s famous checkerboard pattern is undoubtedly surprising. According to the ruling, the pattern cannot be patented.

In justifying its decision, the European Court, which is based in Luxembourg, referred to a "commonplace figurative (ed. checkered) pattern that is basic and banal, since it consists of a regular succession of squares of the same size that alternate in color." It continued: "This pattern demonstrates no notable difference when compared to conventional checkered patterns… The checkerboard pattern is something that has always existed." 

Certainly... although Vuitton’s checkerboard pattern has established itself over time as the brand’s signature. 

The Court also noted that the company Louis Vuitton didn’t provide sufficient evidence that the design had a distinctive character.

Oddly, the patent for the plaid beige and brown checkerboard pattern was filed in 1998 and another for the pattern in black and gray in 2008. The pattern, meanwhile, has been used since the brand’s founding in 1889. European Court of Justice has subsequently canceled the patents at the request of a German retailer, Nanu Nana, who had brought the question before the court.