In its judgement of 5 March 2025, the Tribunal Judiciaire de Paris ruled in favour of the luxury brand Cartier in a legal dispute in trademark law concerning the well-known LOVE bracelet. The luxury brand Cartier successfully took legal action against the British jewellery manufacturer Goussin Ltd, which sold similar bangles using the LOVE lettering.
The judgement shows how trademark law can be used in an entrepreneurial way to position and protect product brands such as Cartier's LOVE collection as an independent brand.
The LOVE collection by the luxury brand Cartier
The now world-famous LOVE bracelet was created in the late 1960s by Italian jewellery designer Aldo Cipullo. With its simple and elegant design, it has adorned the arms of famous personalities such as Elizabeth Taylor and Richard Burton, Nancy and Frank Sinatra and Ali MacGraw and Steve McQueen.
The LOVE bracelet stands out from jewellery from other luxury brands because it has a special locking mechanism and the screws are visible. In its original version, the bangle could only be removed with the help of a second person who had a special screwdriver to loosen the screws.
This special feature led to the naming of the LOVE bracelet. Cipullo explained: „What modern people want are symbols of love that can be locked semi-permanently or are at least difficult to take off.“
Ever since the LOVE bracelet from luxury brand Cartier, which was originally made of gold-plated silver, was launched on the market and became internationally recognised and popular, the luxury brand has expanded its range. The luxury brand Cartier launched the LOVE collection in 1969. In addition to the different versions of the bracelet, it now also includes rings, earrings, cufflinks, charms and necklaces.
In the past, the luxury brand Cartier has often had to take action against imitators. It protected the LOVE collection with the help of trademark law by registering the word „LOVE“ as a French word mark for the LOVE bracelet for the first time in 1974 and renewing it in 2015 (see §3 (1) of the German Trademark Act; MarkenG).
Course of the proceedings
At the beginning of September 2022, the luxury brand Cartier filed a lawsuit in a trademark dispute with the Tribunal Judiciaire de Paris against the British jewellery manufacturer Goussin Ltd. Prior to this, the luxury brand Cartier had unsuccessfully warned the British jewellery manufacturer.
Specifically, the luxury brand Cartier accused the British jewellery manufacturer of infringing the luxury brand's trademark rights by using the „LOVE“ lettering. The jewellery manufacturer was selling similar bracelets on its website using the „LOVE“ lettering.
On 5 March 2025, the court in Paris ruled in favour of the luxury brand Cartier and confirmed that the offer of similar bracelets using the lettering was, among other things, an infringement of trademark law.
The court awarded the luxury brand Cartier damages in the amount of 24,000.00€ and obliged the jewellery manufacturer to disclose information to the luxury brand Cartier about its production and distribution channels for the jewellery in question.
Trade mark law
Many companies register trade marks and make use of the competitive advantages offered by trade mark law as an industrial property right for intellectual property.
This is because the owner of the trademark right can take action against third parties who use a registered or similar sign and thus infringe the trademark right of the trademark owner (see §§14ff., 4 MarkenG).
Another advantage of trade mark law is that it enables consumers to identify luxury brands, as it specifically assigns the products to the company behind them. The company behind the luxury brand can thus create an association with a certain quality standard, a certain design or similar criteria and recognition factors (see §§14, 4 MarkenG).
In addition, trade mark law also protects consumers from confusion with other, seemingly similar products and thus ensures that they can enjoy and own luxury brand products of a high quality standard (so-called „origin function“).
In the European Union (EU), trademark law and its meaning and direction of protection are largely harmonised. It consists of the national laws of the member states, which are based on the EU Trade Mark Directive (2015/2436) and, in particular, the EU Trade Mark Regulation (EUTMR) of 2016.
What exactly was the legal dispute about?
Specifically, the luxury brand Cartier relied in particular on trade mark law in its function as an indication of origin. The visual similarity and the use of the word „LOVE“ as a trademark by the British jewellery manufacturer created a likelihood of confusion for consumers.
The jewellery manufacturer argued that the term „LOVE“ is frequently used in the fashion industry and would not be understood by the average consumer as an indication of origin in connection with the company behind it. It also argued that it was not already being used as a trade mark.
However, the court rejected this argument, citing the case law of the European Court of Justice on trade mark law, according to which „confusion may arise in particular where the public could believe that the goods in question come from the same undertaking or from economically-linked undertakings.“
On the one hand, the strong external similarity of the bracelets on offer to the original bracelets of the luxury brand Cartier would speak in favour of this. The different platforms and prices of the suppliers would not play a role.
On the other hand, the lettering „LOVE“ serves Cartier to make the collection more identifiable and individualised for buyers. Cartier therefore used the lettering not only „decoratively“, but precisely to place the identity of the goods as „iconic“ on the market.
The court therefore saw a likelihood of confusion with regard to the LOVE bracelets and ruled that the luxury brand Cartier was using the „LOVE“ lettering as a trade mark and that there was therefore an infringement.
The court based its reasoning on French Article L. 713-2 of the Intellectual Property Code, which implements a European Directive (2008/95/EC as the predecessor to 2015/2436). This is a provision that corresponds to the German §14 (2) MarkenG.
It implements the Directive on the approximation of the laws of the Member States relating to trade marks and prohibits the use in the course of trade of a sign identical with a trade mark without the consent of the proprietor of the trade mark. Among other things, this is subject to the condition that there is a likelihood of confusion, that the sign is associated with the trade mark.
LOVE collection as a product brand in trade mark law
The legal dispute surrounding the LOVE collection of the luxury brand Cartier shows how a collection can be successfully used as a separate trade mark in trade mark law as an entrepreneurial tool. And it shows that product brands can be protected with the help of trade mark law.
A product brand in trade mark law refers to products or special collections that are placed on the market and can develop their own brand identity independently of the corporate brand.
A product brand can specifically include the name of the product or collection, its own brand design and other visual elements that link the collection to the luxury brand and the company behind it or can stand alone.
With the product brand of the LOVE collection, the luxury brand Cartier diversifies its brand identity, as Cartier markets and establishes the collection on the market as an independent brand. The Paris court also confirmed that the „LOVE" lettering was used as a trademark for the placement of the „iconic" bangles.
The strategic and careful brand management and the constant addition of the LOVE collection, which takes up the design and symbolism of the LOVE bracelet, extend the reach of the Cartier luxury brand. Beyond the traditional luxury clientele, the collection appeals to a younger and more diverse audience.
At the end of 2024, the company and online luxury marketplace TheRealReal, which trades in pre-owned luxury brand products, announced that demand for Cartier luxury brand products had risen by 11% compared to the previous year. The company cites the popularity of the LOVE collection as one of the reasons for this.
Buyers have a need to wear pieces of jewellery that have a recognition value. People „go for the things that are really recognisable,“ Kelly McSweeney, senior merchandise manager at TheRealReal, told Business Insider. „These styles continue to do very well for us.“
For the luxury brand Cartier, the establishment of the LOVE collection had a significant impact on the international luxury jewellery market. Today, the LOVE collection contributes significantly to the overall sales of the Cartier luxury brand, with sales accounting for approximately 30% of Cartier's total jewellery sales.
The importance of product brands in trade mark law
Many luxury brands are aware of the entrepreneurial opportunities offered by the establishment of product brands in trade mark law.
This is because the establishment of a product brand is a strategy for targeted brand management in trade mark law. Product brands serve to open up luxury brands to new target groups by addressing new and different customers or serving new market segments.
Boss Myhr, Director of Men's and Women's Fashion at the British luxury department store chain Selfridges, is no exception. „It's about creating the opportunity to offer something new and appeal to different target groups.“
Basically, this offers luxury brands the opportunity to shape their brand identity and create a unique recognition value for specific products or collections that sets them apart from other competitors.
Not least because they offer a significant entrepreneurial opportunity provided by trade mark law, as the high public popularity of a product brand makes it possible to adjust prices.
Other examples of luxury brands with successful product brands are the Heaven collection by luxury fashion brand Marc Jacobs, the Pleats Please collection by Japanese luxury fashion brand Issey Miyake and the Play collection by luxury fashion brand Comme des Garçon.
Resumé
The LOVE collection of the luxury brand Cartier is a prime example of a successful product brand, the establishment of which has helped the luxury brand Cartier to attract a new clientele and become even better known. The judgement shows that product brands are worth protecting and can be established with the help of trademark law.
dtb-lawyer and trade mark law expert Leon van Lee comments on the legal dispute: „The judgement illustrates the entrepreneurial and multifaceted opportunities offered by trade mark law. It allows luxury brands to successfully establish and protect entire product lines as their own brand. Other customers are addressed and new market segments are opened up."
Status 15.05.2025