Let them eat handbags
Monday, December 5, 2011
Justinian in Cakes, City Desk, Handbags, Trade Marks

Cakes mistaken for handbags … Louis Vuitton attacks cake shop … Crisis in world of sugary designs … Intellectual property under siege … Customer confusion 

Sweet confections and cakes are storming the world of intellectual property. 

No sooner had we revived the story about the correspondence between Federal Court judge's associate Donny Low and a firm of architects over his cake in the shape of the High Court of Australia than another round of vexing cake litigation looms. 

Louis Vuitton Malletier SA, manufacturers and retainers of suitcases and ladies accessories, is upset that Paddington (Sydney) baker and queen of decorative icing, Anthea Leonard, has been knocking out cakes in the shape of handbags adorned with the distinctive LV trademark. 

Anthea runs the acclaimed cake shop Sweet Art and has been providing sugary delights to customers for yonks. 

Baker & McKenzie took up the cudgels for the French luxury goods house, writing to Kim Garling, Sweet Art solicitor and former prez of the Law Society, alleging trade mark infringements. 

"The prominent use of the well known Louis Vuitton marks on and in relation to Sweet Art's cakes indicates to consumers a non-existent affiliation between Louis Vuitton and your client's business and goods… 

Our client has no control over the quality of your client's cakes and is justifiably concerned that such an implied connection has the potential to impact adversely on its valuable brand and reputation." 

Baker & McKenzie has given Anthea until 4pm Monday, December 12, to stop baking Louis Vuitton cakes or selling them from her shop or online. 

Further, she has to deliver up all tins, moulds, dies, stamps, "or other instruments" used to confect the LV trademark in icing sugar. 

There's more. Louis Vuitton want Sweet Art to publish in the notices section of a national newspaper a statement that recognises its "rights", promise never again to put it's logo on a cake or "procure" anyone else to do such a wicked thing. 

Funnily enough Anthea Leonard has made Louis Vuitton cakes for Louis Vuitton itself. However, most of her LV cakes have been made for and consumed by private party goers. 

If this vendeur of branded frou frou wants to stamp out the unauthorised use of its trade mark there's a big job ahead. 

A Google search for Louis Vuitton cakes will yield a flood of suppliers straddling the globe. 

The one above comes from Cake Central.  

There's even a YouTube video on how to make a Louis Vuitton purse cake. 

 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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