Louis Vuitton "Counterfeit Bag" Seller Acquitted on Appeal

Fine of 3 Million Won for 'Trademark Infringement' in First Trial
Appeals Court: "Cannot Conclude That Damier Pattern Has High Recognition"

A man in his 40s who was convicted in the first trial for attempting to sell counterfeit products bearing the Louis Vuitton monogram has been acquitted on appeal.

According to Yonhap News on May 6, the Criminal Appeals Division 7 of the Suwon District Court (Presiding Judge Kim Byungsoo) overturned the original verdict, which had imposed a fine of 3 million won on Mr. A, and found him not guilty on charges of violating the Trademark Act.

Mr. A was brought to trial on charges of possessing a total of 21 items?including six wallets, ten pairs of sunglasses, and five clutch bags?bearing the registered Louis Vuitton trademark, with the intent to transfer or deliver these items to unspecified buyers at a general merchandise store he operated in 2023.

Suwon District Court building. Photo by Yonhap News

The first trial court explained its guilty verdict by stating, "The trademark in question is one of Louis Vuitton's most recognizable marks, widely used on wallets, bags, and other accessories, and is highly recognized by the general public. Based on common experience, it is reasonable to believe that the defendant, who has operated a store dealing in accessories since September 2018, had at least a general knowledge of famous trademarks and thus had the intent to infringe the trademark rights."

However, the appellate court reached a different conclusion. The second trial court pointed out, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that the Damier (checkerboard pattern) and star patterns in question are trademarks highly recognized by the general public." The court further stated, "The color of the Damier pattern on the wallets and clutch bags sold by the defendant differs from that of Louis Vuitton's, and the star pattern on the sunglasses also shows some differences, making it difficult to determine that these products bear a trademark identical or similar to the Louis Vuitton monogram." The acquittal was also influenced by the defendant's statement that he only recognized the Louis Vuitton logo made up of the letters 'LV.'

Damier is a French word meaning 'checkered' or 'checkerboard pattern.' Along with the monogram using the alphabet, it is one of Louis Vuitton's signature designs, typically combining beige and brown or gray tones.

The appellate court also commented on the sale prices of the items, which ranged from 7,900 to 15,900 won, stating, "Given that these prices are excessively low compared to genuine Louis Vuitton products, it is difficult to conclude that there was an intent to infringe trademark rights."