The South Korean Supreme Court has overturned a lower court's decision regarding a trademark infringement case involving Louis Vuitton bags. According to Jin10, the court ruled on February 26 that a business operator who modifies Louis Vuitton bags at the request of customers for personal use does not infringe on trademark rights. The decision came after the lower court had previously sided with Louis Vuitton's complaint.
The Supreme Court stated that when luxury bag owners request modifications for personal use and the modified bags are returned to them, it does not constitute 'use of a trademark,' even if the luxury brand's logo remains on the bags. However, the court emphasized that if the operator plays a leading role in the modification process and sells the modified luxury bags in the market, it could be considered trademark infringement.
The ruling has attracted significant attention from various regions, including the United States, Europe, and Japan, due to its considerable social impact. The Supreme Court has sent the case back to the Patent Court for a retrial.