LV Loses Trademark Case Against CNIPA as Court Rules Four-Petal Flower Design Is Public Cultural Heritage

Summary

Recently, the Beijing Intellectual Property Court dismissed all claims by Louis Vuitton Malletier (LV) in an administrative dispute against the China National Intellectual Property Administration (CNIPA). The court ruled that the four-petal flower pattern, which LV sought to protect as a brand icon, actually derives from traditional Chinese motifs like baoxianghua and the persimmon calyx pattern, which have been used for thousands of years. These traditional patterns are considered public cultural resources shared by all, and no commercial brand can monopolize them for exclusive rights enforcement. The case began when LV filed a request to invalidate a trademark registration for a four-petal flower design owned by a self-employed trader in Shantou, Huang Minyao, claiming it was highly similar to LV's own mark. CNIPA rejected LV's request, prompting LV to sue CNIPA in court. After review, the court found that although the designs share some visual similarity, the disputed mark uses elements drawn from China's traditional cultural heritage, which are in the public domain. LV cannot prevent others from using these traditional decorative patterns on similar goods. The judgment has garnered widespread praise online, as it underscores the protection of traditional cultural resources and serves as a reminder to international brands to respect the cultural traditions and public domain…