In Italy, the Chanel and Louis Vuitton fashion houses have successfully prevented the sale of chewing gum bearing the famous Chanel interlinking "Cs" and two of the LV motifs including the entwining LV monograms (the "trade marks").

The cases concerned a range of chewing gum which was manufactured and sold in packaging bearing the trade marks next to the words "by Paul Stiven"; Paul Stiven being one of the Defendants. The products were marketed on Mr Stiven's website under the slogan "The Luxury Packet Chewing Gum" and were often marketed using images of the chewing gum next to genuine Chanel or Louis Vuitton products such as their handbags, emphasising the apparent connection between the products.

The Defendants were clearly attempting to "ride on the coat tails", or otherwise take an unfair advantage, of the very well known and respected reputation of the Chanel and Louis Vuitton brands.

Accordingly, both Chanel and Louis Vuitton claimed trade mark infringement and filed petitions for interim relief in the IP Chamber of the Venice Court. The relief sought included that:

1. the Defendants (Mr Stiven and his wholesale distributors and retailers) be enjoined from using the trade marks in advertising and in the course of trade;
   
2. the products be seized;
   
3. the Defendants' accounts relating to the products be disclosed for the purpose of damages; and
   
4. notice of the infringement be published in the two main Italian newspapers and the fashion magazine, Vanity Fair.

The Court immediately granted the interim relief sought by Chanel and Louis Vuitton in addition to fixing a penalty of €1,000 per day for each day that the Defendants delayed in complying with the Order.

Mr Stiven had also gone as far as filing Italian and Community trade mark applications for the marks "LV BY PAUL STIVEN" and "CHANEL BY PAUL STIVEN" and the Court ordered that these be immediately withdrawn and that Mr Stiven be prevented from filing any further trade mark applications incorporating the trade marks or signs similar to the trade marks.

Both cases ended up settling out of Court. However, just before the settlement agreements were finalised, it was discovered that Mr Stiven had started marketing black and white chewing gum sold in a black and white box bearing the mark "No 5" (and other numbers), clearly alluding to Chanel's, Chanel No 5 perfume and branding. The settlement agreements were therefore amended to also include this product.

6 June 2011