FAQ

Hands off of Alexander Wang

Wang is a very successful fashion designer from America. In the Netherlands hij is most familiar because of the fall collection 2014 of H&M. In December of 2011 the name ALEXANDER WANG had been registered by another company. This company also registered other famous designers such as Isabel Marant, Pierre Hardy and Guiseppe Zanotti. Trademark rights are created by registration. However, this does not mean anyone can simply register the name of a celebrity.

Wang does not like his name registered by someone else and takes action. He claims that the trademark has been registered in bad faith. Authorities usually assume that an applicant acts in good faith, but not this time. At the time of registration Wang was all over the news. The applicant could not give an explanation why, out of all names in the world, he chose Alexander Wang, and those of other famous designers. He also could not give any reason why the trademark has been applied for products that were fashion related. His only defense, which was “a coincidence” was not enough. The trademark is therefore annulled.

trademarks

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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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