Category: Trademark / Trademark Infringement / Consumer Brands / Brand Strategy
Reading Time: 7 minutes
Overview
A logo dispute can become a business crisis when a fast-growing brand scales before resolving trademark risk. In a recent first-instance judgment, Chinese tea chain Molly Tea was ordered to pay RMB 10.3 million, roughly USD 1.4 million, after its four-petal logo was found to infringe Louis Vuitton’s registered graphic marks. The case is not simply about whether a brand can use a flower design; it asks how quickly trademark risk can catch up when expansion moves faster than brand clearance.
Key Takeaways
1. Traditional motifs are not automatically off-limits, but their commercial use can still create trademark risk.
2. A logo may create infringement risk even when the parties operate in different industries.
3. Repeated trademark application refusals should be treated as warning signs.
4. Trademark risk compounds with expansion, franchising, and cross-border operations.
The Judgment: RMB 10.3 Million for a Four-Petal Logo
According to public reporting, the Suzhou Intermediate People’s Court issued a first-instance judgment in Louis Vuitton Malletier’s trademark infringement case against Molly Tea’s Shenzhen parent company and a franchise location. The court found that Molly Tea’s four-petal logo infringed seven of Louis Vuitton’s registered four-petal flower graphic trademarks.
The ruling ordered Molly Tea’s principal company to pay RMB 10 million in economic damages and RMB 300,000 in reasonable enforcement expenses, for a total of RMB 10.3 million, roughly USD 1.4 million. The franchise location was reportedly held jointly liable within RMB 100,000. Molly Tea has indicated that it intends to appeal, so the case should still be treated as ongoing rather than finally concluded.
Two facts make the dispute especially instructive. First, Molly Tea had reportedly attempted to register related four-petal designs multiple times, and those applications faced rejection, review, or invalidation issues because of similarity concerns. When a company continues to expand around a visual identity after repeated objections, later litigation may become harder to defend from a good-faith perspective.Second, Molly Tea had already grown into a large consumer brand. At that scale, a disputed logo is no longer a small design file. It may already appear on storefronts, cups, packaging, delivery platforms, social media, franchise materials, and customer memory.
Traditional Motif or Trademark Use?
Molly Tea’s position touches on a real cultural-design issue. A four-petal flower is not, by itself, anyone’s proprietary invention. Similar floral and geometric forms have long appeared in Chinese decorative traditions, especially in classical garden architecture.In traditional Chinese gardens, decorative windows known as huachuang or louchuang were not merely openings in a wall. They served practical functions such as ventilation and framed light, while also shaping views and creating decorative rhythm. Floral and quatrefoil shapes were part of a shared cultural language of architecture and symbolism, not the invention of any modern luxury brand.
That history matters, but it answers a different question from the one a trademark dispute asks. No one owns the general idea of a flower, a quatrefoil, or a traditional decorative pattern. From a copyright perspective, a pattern with centuries of open cultural use belongs to the public domain. But Louis Vuitton’s trademark claim is not about having invented the flower shape.
Trademark protection asks whether, through sustained commercial use, a particular graphic expression has come to function as a source identifier — a signal that goods or services come from one company rather than another. The practical question is therefore not simply who came up with the pattern first, but how the specific graphic is used.
A motif functioning as architectural ornament or background decoration is different from a motif functioning as a repeated brand mark across storefronts, cups, packaging, menus, delivery platforms, social media, and franchise materials. The more a traditional element is simplified, isolated, standardized, and deployed as a source identifier, the more likely it is to be analyzed as trademark use rather than decorative reference.
A Useful Comparison: LV Damier and Japan’s Ichimatsu Pattern
A useful comparison can be drawn from the Japan Patent Office’s advisory opinion involving Louis Vuitton’s Damier checkerboard pattern and Japan’s traditional Ichimatsu pattern. In that matter, the JPO did not side with Louis Vuitton. It found that the accused checkered design was used as a traditional decorative fabric pattern rather than as a source-identifying trademark, and therefore did not fall within the enforceable scope of LV’s Damier trademark right.
That comparison does not decide the Molly Tea dispute. The designs, legal systems, and commercial uses are different. But it helps frame the distinction: trademark law does not prohibit every use of a flower, checkered pattern, or traditional motif. Risk increases when the specific visual expression is used as a brand identifier, repeated across customer-facing assets, and placed close to a famous trademark system.
Why “Tea vs. Luxury Bags” Is Not the Whole Question
A common public reaction is understandable: Louis Vuitton sells luxury goods, while Molly Tea sells tea drinks, so why would anyone confuse the two? But trademark analysis is not always limited to direct product competition.
Famous marks, especially marks with strong visual recognition, may receive broader protection because unauthorized use can dilute distinctiveness, take advantage of goodwill, or create an association outside the owner’s core product category. The issue may not be whether a consumer literally believes a tea drink comes from a luxury fashion house. It may be whether the later design weakens the distinctiveness of a famous mark, borrows its visual equity, or creates an unauthorized mental link with the earlier brand.
Practical Takeaway
Louis Vuitton v. Molly Tea shows how a design choice can become a major business liability when expansion outpaces trademark clearance. Traditional design inspiration may be legitimate, and no company should monopolize broad cultural motifs. But once a motif is turned into a standardized logo and deployed across a large commercial system, trademark risk increases sharply.
For fast-growing consumer brands, the safest time to address trademark risk is before the visual identity is widely deployed. Once scale is achieved, every unresolved trademark issue becomes harder to negotiate, harder to redesign, and harder to contain.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Businesses should consult a licensed before legal or commercial decisions.
Contributors
Jane (Jie) Li
Founding Attorney
California | +1. 213. 774. 2132
jli@innoslaw.com
Kefei Wu
Director of Global Operations
Paris | +33. 6. 98. 12. 89. 80
kwu@innoslaw.com





