Judge cites weak public recognition of designs and major price gap in ruling that clears defendant of trademark violation (Image supported by ChatGPT)
SUWON, May 7 (Korea Bizwire) — A South Korean court has acquitted a retail store operator previously convicted of selling counterfeit luxury goods bearing Louis Vuitton-like designs, reversing a lower court ruling that had fined the defendant for trademark infringement.
The Suwon District Court’s Criminal Appeals Division 7, presided over by Judge Kim Byung-soo, on Monday overturned the original verdict against the defendant, a man in his 40s identified only as A, and declared him not guilty of violating South Korea’s Trademark Act.
Woman Holding a Louis Vuitton Bag (Image courtesy of Pexels/CCL)
A had been accused of possessing 21 counterfeit items — including six wallets, ten pairs of sunglasses, and five clutch bags — in 2023 at his miscellaneous goods store, allegedly with the intent to sell them to the public.
The products were said to bear patterns resembling Louis Vuitton’s Damier checkerboard and star motifs.
The lower court in its 2024 ruling fined A 3 million won (approximately $2,070), citing that the Louis Vuitton trademarks were widely recognized and commonly used on luxury accessories.
It argued that A, who had operated a shop since 2018, was likely aware of the brand’s reputation and thus acted with intent to infringe.
However, the appellate court found that the prosecution failed to prove the designs in question were sufficiently well-known to be deemed protected trademarks under the law.
“It is difficult to conclude that the Damier and star patterns presented by the prosecution are widely recognized by the general public as Louis Vuitton trademarks,” the court stated.
The judge also noted visual differences between the disputed items and authentic Louis Vuitton designs. “The colors and details of the Damier-style wallets and clutch bags differ, and the star-shaped logos on the sunglasses are not sufficiently similar to constitute infringement,” the ruling said.
Additionally, the court pointed out that the products were sold at prices ranging from 7,900 to 15,900 won ($5.50 to $11), which are significantly below genuine Louis Vuitton price points — making it “unlikely that the defendant intended to deceive consumers.”
The ruling highlights the challenge of enforcing trademark protections where visual similarities are ambiguous and brand recognition cannot be conclusively established.
Ashley Song (ashley@koreabizwire.com)
