Champagne Problems: The Case of Pantone 137 XGC

Champagne Problems: The Case of Pantone 137 XGC

May 29, 2024 | Blog

Elizabeth S. Dipchand, Harneet Gill

LVMH Faces Setback in Veuve Clicquot Trademark Dispute

LVMH, a prominent French luxury goods company, was dealt a blow to its Veuve Clicquot enforcement strategy in a recent decision coming out of the EU Court overturning the earlier decision of the European Union Intellectual Property Office (EUIPO).

EU Court Ruling: Colour Alone Isn’t Enough for Trademark Protection

The exclusivity of the orange colour used for the packaging of the Veuve Clicquot champagne bottles was at the heart of the issue. The judgement, in favour of discount retail chain, Lidl, emphasizes that colour does not necessarily constitute a sufficient element to hold a trademark exclusively without the other trappings of use in association with the claimed goods or services.

The Legal Battle Over Veuve Clicquot’s Orange Packaging

LVMH’s use of the orange in association with Veuve Clicquot dates back decades and acquired distinctiveness in the EU in 2006. LVMH argued that Lidl’s Champagne packaging was confusingly similar to Veuve Clicquot’s label. Lidl, in turn, appealed the registration of the trademark arguing a lack of distinctiveness. The EU Court declared that LVMH did not have sufficient evidence to establish that the orange colour is a distinctive sign of a specific brand amongst European consumers – this was specifically the case in Greece and Portugal.

Lidl’s Challenge to Veuve Clicquot’s Trademark: Lack of Distinctiveness

While this battle over branding colour is not the first – Christian Louboutin and Yves Saint Laurent had a decade-long dispute over the right to produce scarlet soled shoes – this decision has opened the floodgates for additional disputes regarding the orange hue. Veuve Clicquot has been issuing legal warnings to other wine companies, over the last 20 years, for the use of this orange shade.

Implications for Other Brands: Can Colour Be Protected as a Trademark?

This decision also brings to mind many other companies whose brand identities are centered around a colour. Tiffany, Aston Martin, and Hermès with their blues, greens, and oranges. While companies may employ a myriad of strategies to entice their consumers, this judgement clearly illustrates that a colour may not necessarily be protected without taking consistent and coordinated steps to do so.

For deeper insights on colour trademarks and their implications, reach out to Elizabeth S. Dipchand at [email protected].

Champagne Problems: The Case of Pantone 137 XGC

May Cheng Nominated for Canadian Lawyer’s Top 25 Most Influential Lawyers 2024

May 1, 2024 | Awards & Recognitions

In a testament to her illustrious career and unwavering dedication to the legal profession, May Cheng has been nominated for the prestigious Canadian Lawyer’s Top 25 Most Influential Lawyers 2024. This esteemed accolade recognizes individuals who have significantly shaped the Canadian justice system and legal landscape over the past 18 months.

May Cheng, a distinguished intellectual property litigator and trademark lawyer, boasts nearly three decades of experience in prominent law firms in Toronto. Her recent transition to Dipchand LLP, a renowned woman-led firm specializing in intellectual property, underscores her commitment to innovation and excellence in the legal sphere.

Notably, May’s departure from larger law firms was marked by her receipt of the Lifetime Achievement Award at the Federation for Asian Canadian Lawyers conference in 2023. This honour celebrates her remarkable career and acknowledges her tireless advocacy for equity, diversity, and inclusion within the Canadian legal community.

Beyond her professional achievements, May Cheng’s impact extends far beyond courtroom battles. She has cultivated an enviable client base in trademark law, demonstrating her prowess as a rainmaker while inspiring countless Asian-Canadian and women lawyers to reach new heights. Moreover, her philanthropic endeavours, including sponsoring a displaced Ukrainian family of ten and supporting numerous non-profit organizations, exemplify her unwavering commitment to social responsibility.

May Cheng’s nomination for Canadian Lawyer’s Top 25 Most Influential Lawyers 2024 is a testament to her exceptional contributions to the legal profession and broader society. Her influence transcends legal boundaries, embodying the essence of leadership, compassion, and advocacy. As the legal community eagerly awaits the results, May Cheng’s legacy continues to shine brightly, inspiring future generations of legal professionals to make a difference.

We encourage everyone to vote for May Cheng using this online form. The survey closes on Friday, May 17.

Champagne Problems: The Case of Pantone 137 XGC

Dipchand LLP Congratulates New Trademark Agent, Julie Parna

Feb 22, 2024 | Awards & Recognitions

Dipchand LLP is delighted to announce and congratulate Julie Parna on her recent appointment as a Trademark Agent.

Julie’s exceptional dedication, expertise, and commitment to the field have made her a valuable asset to our team. With her profound understanding of trademark law and unwavering passion for intellectual property, Julie has consistently demonstrated remarkable skills in navigating the complexities of trademark registration and protection. Her achievement is a testament to her hard work and proficiency, and we are confident she will continue excelling in her new role.

Dipchand LLP takes pride in recognizing Julie Parna’s accomplishments and looks forward to her continued success in contributing to the firm’s reputation for excellence in intellectual property law

Champagne Problems: The Case of Pantone 137 XGC

May Cheng Secures Top 10 Gold Ranking in Enforcement and Litigation, Silver in Anti-Counterfeiting by WTR 1000

Feb 13, 2024 | Awards & Recognitions

May Cheng, one of Dipchand LLP’s outstanding intellectual property partners, has earned a Gold Ranking in Enforcement and Litigation by the World Trademark Review (WTR) 1000 for 2024. Notably, May stands among the esteemed top 10 Gold-ranked professionals globally in this category.

The WTR 1000, renowned for identifying the world’s leading trademark professionals, has recognized May Cheng’s exceptional skills and dedication to intellectual property law. This accolade highlights her strategic approach and deep understanding of legal intricacies, placing her among an elite group of experts.

In addition to her Gold ranking, May Cheng has also secured a place among the top 10 in the Silver ranking for Anti-Counterfeiting. This dual recognition underscores her commitment to combating counterfeiting challenges and further solidifies her position as a top-tier professional in intellectual property protection.

We congratulate May Cheng on this well-deserved double recognition and take pride in her outstanding contribution to the field of intellectual property. May’s top 10 Gold Ranking in Enforcement and Litigation, coupled with her Silver Ranking in Anti-Counterfeiting, is a testament to her unparalleled talent and commitment to excellence.

 

Champagne Problems: The Case of Pantone 137 XGC

Elizabeth S. Dipchand and May Cheng recognized as a Lexpert-ranked lawyer in the 2024 Lexpert/ ALM 500 Directory

Jan 9, 2024 | Awards & Recognitions

Dipchand LLP proudly announces another achievement as Elizabeth S. Dipchand and May Cheng garner well-deserved recognition as Canada’s foremost practitioners in the esteemed 2024 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada for intellectual property.

This accolade, presented in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Lexpert ALM 500), stands as the sister publication to The Canadian Legal Lexpert Directory, a venerable publication since 1997, renowned for its comprehensive peer-review survey process. The Lexpert ALM 500 meticulously selects top-ranked lawyers across more than 30 Lexpert Practice Areas.

Elizabeth S. Dipchand, the dynamic managing partner at Dipchand LLP, leads the charge in the firm’s intellectual property practice. With a wealth of expertise, Elizabeth consistently guides corporations through the intricacies of intellectual property and intangible assets, offering strategic counsel on identification, acquisition, maintenance, management, leveraging, and the protection and enforcement of these assets. Her litigation prowess extends to appearances before the Federal Court, Federal Court of Appeal, Ontario Superior Court, and Ontario Court of Appeal.

Equally distinguished is May Cheng, a partner in the intellectual property practice. May’s extensive litigation background encompasses patent, trademark, and copyright infringement cases, as well as expungement and injunction cases in both federal and provincial courts. With over 25 years of experience, May has successfully represented clients across diverse industries, showcasing a particular affinity for retail, travel, fashion, and food sectors — areas that align seamlessly with her passion and expertise.

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