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Louis Goes To Court: Round II

louis watercolor bag.jpgLast year, LVMH succesfully sued eBay for failing to police counterfeit sellers.

Now they, and more specifically Louis Vuitton, have sued Google for allegedly courting advertisers with the search word “Vuitton”. Stores, whether they sell counterfeit product or not, pay Google to be the first link on the page post-search which is why things like Bergdorf and Nordstrom are above the actual Phillip Lim site when you search his name.

It’s true that a year ago, or the last time we remember Googling Louis Vuitton, every possible fake in cyber existence popped up. The highlighted clutter is gone now (probably because they’re in court), making it much easier for the consumer to find the legitimate Vuitton sites. (Though the third search down still boasts “Designer Handbag Cloning Master for the past six years.”)

But Google says that they get their money after the ad link is clicked and since it’s the searcher who chooses which link to follow, they’re not doing anything wrong.

If LVMH wins, Google’s inability to sell brand names to advertisers means a hefty chunk of their profit is gone. And even if they don’t win, we can’t imagine Louis Vuitton’s war against those who aid and abet counterfeiters will end in the near future.

Comments

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posted by guest

Mar 18, 2009 1:24PM

Everyone pointed to the LV case in Paris last year and the L'Oreal case this year as groundbreaking for counterfeit cases. But Rolex JUST lost in a similar case to eBay re: fakes and you still see far more fakes of certain brands on eBay than the real deal. Those lawsuits only benefit the brands, they do nothing to slow or stop the fakes from being sold.

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posted by Signature9

Mar 18, 2009 1:46PM

I believe a similar case regarding bidding on brand names went in Google's favor in the UK a while ago. While Louis Vuitton can restrict the use of their brand/trademark in an ad, I don't think they can restrict people from bidding on it.

Regarding the 3rd result, those results are unpaid. Fashion has been fighting the internet and technology for so long that it's finally starting to cost them. While their fight to protect their brands against counterfeits is understandable, they and many other companies would do better to get a comprehensive education in online promotion methods including organic search engine optimization, paid search, social marketing and online reputation management.

Otherwise they'll continue to spend money filing lawsuits when they could be spending money on marketing that gives a more substantial return.

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posted by guest

Mar 19, 2009 8:01AM

Guest #2 - The ECJ ruling will overrule any UK domestic court's decision.

P.S. The Cut creditied this to UK Vogue, why couldn't Fashionista?

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