Tuesday, August 04, 2026

Reading list: Do Louis Vuitton's Registered Trademarks in China Appropriate Traditional Chinese Culture?

 Do Louis Vuitton's Registered Trademarks in China Appropriate Traditional Chinese Culture?

20 Pages Posted: 4 Aug 2026

Daniel C. K. Chow

Michael E. Moritz College of Law

Date Written: August 03, 2026

Abstract

The recent June 29, 2026 court decision in China finding that Molly Tea, a local Chinese company, infringed Louis Vuitton’s (LV) registered trademarks for a four-petal flower design has ignited a firestorm of public anger and indignation. Critics charge that LV was able to obtain a trademark for a flora symbol for its luxury handbags that has been part of traditional Chinese culture for centuries. This criticism invokes painful memories of western bullying of China during the “century of humiliation” when European imperial powers viciously subjugated and dominated China. The Communist Party, China’s leaders, deliberately promotes the “century of humiliation” narrative for political purposes.

This Article argues that portrayal of the dispute as an external clash between China and a western bully is misleading and obfuscates the true conflict. The actual clash is a purely internal one between the policies of modernization and economic development and the policies of preserving China’s traditional culture. In this clash, China’s leaders have consistently and unequivocally chosen to prioritize the policies of economic development, which directly compel the result in favor of LV.

Comment from RT: The title is a bit misleading because the paper doesn't go into the actual origin of the LV flower or what counts as cultural appropriation, instead arguing that China's leadership has made a strategic decision not to care.

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