FAQ

Baby Gaga mother’s milk - famous European trademarks

A restaurant in London has started selling ice cream made from breast milk, called Baby Gaga. Fifteen young mothers supplied their milk and received an unknown payment in return. There are no English laws that prohibit the use of (human) breast milk.

Of course, the milk is first fully checked for pathogens. Ms. Victoria Hiley delivered the first three liters, enough for the first fifty servings.
When served the ice cream is flooded with liquid nitrogen and a cracker is added. The dessert is then served by waitresses in a “Baby Gaga” costume. On the first day of the launch, the ice cream immediately sold out and the responses were very positive. The name is of course very reminiscent of the famous pop star LADY GAGA.
She has registered her name as a trademark for entertainment, CDs and printed materials, but also for clothing and jewelry, not for ice cream. Nevertheless, that is not an immediate problem in this case because LADY GAGA is in fact a reputable trademark. This means that the trademark may even be invoked against similar and identical marks that are used for completely different products, such as in this case ice cream.
LADY GAGA has not filed a complaint up until now, however. Perhaps the fact that she rather enjoys unusual and bizarre activities has prevented her from taking any steps.

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IP Quiz

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?

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