Local company to pay damages to LV for trademark imitation
E161215Y2．E161215Y4 | Jan. 2017（E206）
For the matter that Louis Vuitton Malletier Corporation (hereinafter “LV Corp.”) pressed charges against the Taiwan-based company, 2R International Co., Ltd. (Chinese: 二阿國際股份有限公司; hereinafter “2R International”) to claim damages over the latter’s imitation of LV Corp.’s “Epi” design mark, the Taiwan Supreme Court affirmed Taiwan IP Court’s decision that 2R International and the responsible person thereof should severally and jointly pay TWD537,200 to LV Corp. in damages and also run a notice of apology in local newspapers. This decision thus has become final with binding effects.
According to the Supreme Court’s holding, LV Corp.’s “Epi” design mark has been recognized as a well-known mark since 2010 and commonly known to consumers due to its long-term use and promotion. Engaged in the business of designing and selling leather bags, 2R International indeed infringes upon LV Corp.’s trademark right on the grounds that the 8 handbags the police seized from 2R International’s store on March 3, 2014 all carried a wave-like surface pattern apparently and clearly identical to LV Corp.’s “Epi” design mark and that the seized 8 items are the imitation of LV Corp.’s classic bag types. Besides, 2R International also violates the Fair Trade Act by using the “Epi” mark in similar or identical way without LV Corp.’s consent or authorization and thus to cause confusion. Based on the foregoing facts, the Supreme Court affirmed and sustained the IP Court’s decision that 2R International and its responsible person should severally and jointly pay to LV Corporation TWD537,200 in damages. (December 2016)