Norfolk garden gnome firm wins trademark battle with fashion giant Louis Vuitton
A couple whose business made bespoke garden decorations for the King have won a David and Goliath legal battle against fashion giant Louis Vuitton.
Husband and wife Lawrence and Victoria Osborne from Norfolk used their initials for their garden accessories firm L V Bespoke in 2020, which makes items including obelisks, gnomes and bespoke creations.
They were commissioned last year by the King's Sandringham estate to create metal crowns for the topiary lawn next to the house.
But after attempting to register their L V Bespoke trademark just over two years ago, Louis Vuitton lodged an objection.
The international business, founded in 1854 in France, claimed there was a "likelihood of consumer confusion" and that L V Bespoke would "take unfair advantage of, or would be detrimental to" their earlier trademarks, according to papers following a UK Intellectual Property Office hearing.
Mrs Osborne, 48, said: "A couple of days before we routinely would have been confirmed with our trademark registration, up popped this fancy London legal company on behalf of Louis Vuitton and I honestly thought it was a joke."
She and her husband, 42, who run the small firm from a workshop in their Reepham garden, decided to fight the challenge to their trademark application rather than change the business name.
The businesswoman added: "I could just see the wrong in all of it and the fact we shouldn’t be subjected to corporate bullying.
"The fact of the matter is they were so polar opposites and it was surreal to think they would compare the metalwork on their handbags to the metalwork that we produce."
Hearing officer Matthew Williams found that Louis Vuitton’s objection to the trademark registration application “failed on all grounds” and that the “average consumer… would not mistake the marks for one another; there will be no direct confusion”.
He ordered the fashion brand to pay £4,000 to Mr and Mrs Osborne.
In his written ruling, he added that "almost all" of L V Bespoke’s goods, such as metal plant cages and garden stakes, were "self-evidently dissimilar" to Louis Vuitton’s "metal components for leatherware".
"The only point of commonality is the presence of the same two single letters L and V," Mr Williams said.
Mr and Mrs Osborne started L V Bespoke when Covid lockdowns hit their incomes from installing kitchens in people’s homes and from holiday lets.
The firm was founded when the keen gardeners spotted an opportunity as they struggled to find steel supports for plants.
Their small firm now employs between two and five staff on a seasonal basis.
Louis Vuitton has a right to appeal against the outcome, which was issued on Tuesday.
Mrs Osborne said "thankfully common sense has prevailed".
She added that fighting the case had cost the couple about £15,000 because they had to "put the handbrake" on the business for the past two years.
She added there had also been "emotional stress and anxiety" caused by the legal action.
Mrs Osborne, who has three children Mac, 19, Lucas, 16 and Lochlan, eight, said she hopes "growth, growth, growth" will follow for the business after the ruling.
Louis Vuitton has been approached for comment.
Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know