The Patent Court of Korea upheld a lower court’s decision against a craftsman who reconstructed Louis Vuitton bags into new designs, ordering him to pay 15 million won in damages. (Image courtesy of Louis Vuitton Korea)
SEOUL, Oct. 30 (Korea Bizwire) – A South Korean court has ruled that redesigning luxury products without permission constitutes trademark infringement, dealing a blow to the growing fashion upcycling industry.
The Patent Court of Korea upheld a lower court’s decision against a craftsman who reconstructed Louis Vuitton bags into new designs, ordering him to pay 15 million won in damages to the luxury fashion house and cease using materials bearing the company’s trademark.
The defendant, Lee Kyung-han, had appealed an earlier ruling that found him liable for trademark infringement. Between 2017 and 2021, Lee created new bags and wallets from Louis Vuitton bags provided by customers, charging between 100,000 and 700,000 won per item for his redesign services.
The court rejected Lee’s argument that his redesigned products should not be considered new merchandise, stating that “reconstructed products command high prices in the secondhand market and possess value as independent products.”
The judges noted that since the altered items still displayed Louis Vuitton’s trademark without indicating they were modified or recycled products, consumers might mistakenly believe they were original Louis Vuitton creations.
“These redesigned products constitute entirely new merchandise with different shapes, sizes, forms, and functions from the original items,” the court stated, dismissing Lee’s contention that the products maintained their original identity and therefore should not be subject to additional trademark claims.
Louis Vuitton initiated the lawsuit in February 2022, arguing that Lee’s activities undermined their trademark’s ability to indicate product origin and quality guarantees. The Seoul Central District Court initially ruled in favor of Louis Vuitton in November of the same year, ordering Lee to pay 15 million won in damages.
Speaking to reporters after the appellate court’s decision, Lee expressed his intention to appeal to the Supreme Court. “This is an unreasonable ruling that ignores consumer rights,” he said.
“This decision effectively criminalizes all forms of product modification, from clothing and bag alterations to car customization.”
Ashley Song (ashley@koreabizwire.com)
