Lawyer Monthly - July 2024

In a rather astonishing case of international trademark infringement, a South Korean fried chicken establishment recently faced a trademark dispute against renowned designer Louis Vuitton. The court ultimately sided with the designer, as they found the restaurant’s name, Louis Vuiton Dak, to be excessively similar to Louis Vuitton. Furthermore, the restaurant’s logo and packaging bore a striking resemblance to the designer’s iconic imagery. As a consequence, the restaurant was slapped with an additional fine of 14.5 million won for failing to comply with the court’s ruling. In an attempt to rectify the situation, the establishment promptly changed its name to LOUISVUI TONDAK. The Academy Awards took legal action against GoDaddy for allowing customers to purchase domains such as betacademyawards.com, 2011Oscars.com, academywardbuzz.com, academywards.net, oscarsredcarpet.com, and others. GoDaddy has been accused of enabling customers to park these websites and generate revenue through pay-per-click advertising. During the initial stages of the case, the Academy Awards presented evidence that 57 out of 293 registered domains were misleadingly similar to their trademarks. However, the judge ruled in favor of GoDaddy, stating that there was no malicious intent to profit. Furthermore, the judge emphasized that GoDaddy relied on its users’ representations and that their domain registrations did not infringe upon any trademarks. This case was significant in the realm of cybersquatting as the legal battle between the Academy Awards and GoDaddy spanned five years and incurred substantial costs. SPECIAL FEATURE 21 4 5 Louis Vuitton vs. Louis Vuiton Dak ‘Louis You, Louis Me’ Academy Awards vs. GoDaddy ‘Go Away’ Key Takeaway: Although the legal dispute was undeniably costly, it could be regarded as a significant precedent in the realm of cybersquatting. By taking a cue from GoDaddy’s situation, one can prevent similar vexing lawsuits by acknowledging that it is unreasonable to anticipate a third party to vigilantly protect your brand trademark. Key Takeaway: It is worth noting that numerous brands can avoid costly legal battles by refraining from closely imitating another brand, even if their products and distribution channels are entirely unrelated.

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