The dispute concerned a situation where another company planned to use a sign similar to the “4G” logo, which is reserved for luxury products related to perfumes and fashion, in the context of services or products of a different nature, but close enough to potentially be associated with the Givenchy brand. The brand, operating within the LVMH group, argued that the use of a similar sign could lead to the misuse of its trademark’s reputation and consumer confusion regarding the origin of the products.
In the European Union, disputes of this type involving trademarks often analyze whether there is a likelihood of misleading consumers or exploiting the reputation of an existing trademark by presenting similar marks on goods or services in other sectors. It is also worth remembering that the reputation of a trademark is one of the key elements in the assessment when the risk of “crowding” is examined – that is, a situation in which other trademarks try to “imitate” or overwhelm it through associations with a recognizable logo.
In practice, the protection of goodwill under trademark law means that a well-known trademark can benefit from broader protection, even if another mark is not identical but uses certain elements associated with the brand. This concept is particularly strong in the context of prestigious luxury brands, whose trademarks have extensive associations in consumers’ minds. Tribunals and offices such as EUIPO, as well as national courts in the EU, analyze in such cases whether new applications or uses of marks would lead to the unauthorized exploitation of the goodwill of an existing trademark.
For Givenchy, this outcome means confirmation that its “4G” logo retains its distinctive character and will not be allowed to be used in a way that could exploit its goodwill to promote the products of another entity. It is also a signal to other businesses that trademark protection in the EU covers not only identical marks but also actions that could exploit the reputation and recognizability of a mark.
This case is important not only for Givenchy itself, but also for the luxury brand sector, which invests significant resources in building the reputation of its brands. In practice, this means that owners of strong brands must always be prepared to defend them against attempts of unauthorized use, even when there is no literal copying of the brand. The reputation of a brand can, in itself, be the basis for broad protection under the EU regulation on the EU trademark and court decisions.
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