(Yicai) Aug. 21 -- Following media reports that the Beijing Intellectual Property Court has dismissed Louis Vuitton’s lawsuit against the China National Intellectual Property Administration, an insider at the French luxury goods giant told Yicai that the reports are wrong and the case is still ongoing.

The case is a routine legal proceeding conducted in accordance with the law and concerns a specific trademark-related administrative decision, the source said. “We don’t comment on ongoing legal cases,” the person said, adding “we advise everyone refer to the progress of statutory procedures and information from authoritative sources.”

The case originated when LV challenged the validity of a four-petal flower graphic trademark registered by Huang Minyao, a clothing business owner in Shantou, Guangdong province, arguing that it resembled its own trademark. The CNIPA determined that there were significant design differences between the two trademarks and that consumers would not confuse them.

LV subsequently filed a lawsuit against the CNIPA, taking its case to the Beijing Intellectual Property Court. This is the sixth trademark lawsuit LV has filed against the CNIPA. It won three and lost two of the previous five. 

Last month, the Suzhou Intermediate People's Court ruled in favor of LV in a trademark infringement lawsuit against Molly Tea Catering Management, ordering the Shenzhen-based tea chain to pay CNY10 million (USD1.49 million) in damages and CNY300,000 (USD44,625) in reasonable legal costs.

The court determined that Molly Tea and its franchise Dongxia Beverage Shop in Suzhou’s Wuzhong Economic Development Zone had infringed seven registered trademarks for four-petal floral graphics owned by LV.

LV argued that the floral designs used on Molly Tea's storefronts, cup sleeves, and other items were highly similar to its trademarked four-petal flower design in terms of overall shape and layout, and were sufficiently similar to confuse consumers. Molly Tea told Yicai at the time that it would appeal the ruling.

Editor: Tom Litting