Who is the mole? Quiz - trademark infringement TV format

In order to prevent coat tail riding, names and logos of television shows are often registered as trademarks. Use is allowed if a license fee is paid. IDTV is the owner of the name and the logo of the show “WIE IS DE MOL?” (Who is the mole?), which is registered in the Benelux. Not just for TV shows but also for games, hotels and travel services.

Travelling agency Sawadee obtained a license to arrange trips to locations where the TV show was taped.
TB Events organizes company trips under the names: Boer zoekt vrouw, Holland got Talent, Peking Express, Seks in the City etc, all names of TV shows. Until recently there were also trips named “Wie is de Mol Lunch?”, “Wie is de Mol aan tafel?” en een “Wie is de Mol? Quiz”. Because TB Events does not pay for this use IDTV sues them. The court decides that the names TB Events uses are almost identical to IDTV’s trademark. The only added elements are completely descriptive. TB Events also uses the trademark for similar services as IDTV’s registration. The court therefore rules that this use is an infringement. TB Events is prohibited from using the names any longer and has to pay IDTV’s legal costs.

trademark-registration



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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?