Public Outcry in China as Louis Vuitton Wins Trademark Case Against Popular Beverage Chain Molly Tea

French luxury fashion giant Louis Vuitton is currently in the midst of public disapproval in China, following its array of trademark lawsuits including a significant victory against the well-liked beverage chain, Molly Tea. In June, a court in Suzhou, Jiangsu province, concluded that Molly Tea, based in Shenzhen, had violated seven of LV’s registered four-petal floral trademarks. The beverage chain was subsequently ordered to pay 10.3 million yuan (approximately US$1.5 million) in damages and legal costs. Despite Molly Tea’s indication of appealing the decision, the verdict has garnered public discontent and stimulated a fervent debate across the country.

The Dispute Fuels Chinese Public Opinion

Initially, the argument centered on the resemblance between Molly Tea’s logo and LV’s trademarks, and the reasoning behind the fashion house’s lawsuit against a company operating in a completely different sector. However, the debate soon shifted towards determining the fine line between protecting intellectual property rights and monopolizing elements of shared cultural heritage. As seen from public discourse, a large proportion of Chinese citizens compared the four-petal floral trademarks to various elements of their cultural heritage, including the baoxiang floral designs on Tang dynasty pipa instruments, decorative window patterns in Suzhou’s classical gardens, and even older public toilet ventilation grilles and floor tiles. The critics argue that while the LV monogram has a history of about 130 years, the four-petal flower motif has been a part of Chinese culture for more than a millennia. This case has also rekindled public resentment over perceived cultural appropriation by international luxury brands.

Public Relations Woes Despite Legal Victories

Despite its legal defeat, Molly Tea appears to have garnered significant public support. The beverage chain’s official social media account on Weibo witnessed a surge in followers in the days following the lawsuit. Moreover, the brand gained even more backing after donating to the Guangxi Zhuang Autonomous Region, which had been affected by a typhoon.

Meanwhile, Louis Vuitton continues to actively enforce its trademark rights in China, with numerous cases of opposition filed against designs similar to its four-leaf or four-petal trademarks. Despite some defending the luxury brand’s actions, many have accused it of monopolizing ancient Chinese motifs and exploiting smaller businesses. This controversy has impacted the brand’s foot traffic and resale market prices of popular handbags.

Spring Chang, founding partner of IP law firm Chang Tsi and Partners, considers these controversies to highlight the gaps in legal application and communication. “If public opinion swings entirely to the view that any enforcement by a big company is bullying, that will weaken the basis for legitimate enforcement and confidence in the system over time,” she noted.