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Trademark and design agency ABCOR B.V.

Frambozenweg 109/111
PO Box 2134
2301 CC LEIDEN

Phone: 0031(0)71-5763116
Fax: 0031(0)71-5768947

Email: info@abcor-ip.com

Side office (for southern Netherlands & Belgium)
Spoorlaan 460
5038 CH TILBURG

Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300

Abcor is a member of the following organizations:
Benelux Association for Trademark and Design Law, International Trademark Association, Union for Commerce Law.
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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?