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The luxury brand was condemned on appeal to pay significant damages to the designer of a “turning LV” clasp whose creation Vuitton would have used out of contract.
The ‘turning LV’ clasp (above) was created by an independent designer for just one line of Vuitton bags, but the luxury brand has since used it on many other products.
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The Louis Vuitton Malletier brand of the world leader in luxury LVMH was condemned in early March in France to pay more than 800,000 euros (approx. 817,000 francs) in damages to a designer for having used a clasp of its creation without his permission.
The case began in 1987, according to the judgment of the Paris Court of Appeal, confirming information from the French satirical weekly “Le Canard enchaîné”. Jocelyne Imbert, independent designer, signs a contract with Louis Vuitton Malletier (LVM) for a clasp of her creation “LV revolving” and a line of bags.
In 1992, Louis Vuitton Malletier bought the rights to the line of bags and the clasp. For the latter, a condition is added to the contract: if a new range of bags uses the “turning LV”, the designer receives a lump sum of 517,689 French francs.
Bags, wallets, bracelets, belts…
In 2014, Jocelyne Imbert discovered that her clasp was being used on the Twist bag range without LVM informing her. His lawyer then claims the sum of 111,575 euros, equivalent to the 517,689 francs of the contract “increased due to monetary erosion”.
LVM sends a check for 79,853 euros which the designer refuses, especially since she noticed that the brand also uses the clasp on the range of Go bags as well as on wallets while the agreement provided for a use only on bags.
In March 2017, she took LVM to court for counterfeiting and discovered that the “rotating LV” was also used for bracelets, shoes, belts and key rings. Between July 2010 and the first quarter of 2017, sales of these products represented nearly 3.5 billion euros excluding taxes.
LVM not en bloc
Jocelyne Imbert, her claims dismissed, at first instance appealed. On March 13, the Paris Court of Appeal sentenced Louis Vuitton Malletier to “700,000 euros in damages for the unauthorized use of the “rotating LV” on wallets, bracelets, shoes, belts and key rings” and 133,088 euros excluding tax “in application of the contract” of 1992, for its use on Twist and Go bags.
For its part, Louis Vuitton “firmly contests the facts of which it is accused by some”. “The house has always respected the clauses of the contract which binds it to an artist who designed a clasp, as recognized by the Paris Court of Justice and as evidenced by the rejection of numerous requests from the latter by the Court of Appeal” , assures Louis Vuitton who confirms to appeal in cassation.
(AFP)
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