Shapemarks are not uncommon in the chocolate industry. Think of Toblerone's triangular shape, Tony Chocolonely's unevenly spaced blocks and last but not least the famous KitKat bar. Ritter Sport has been making square chocolate-bars since 1932: a small square piece of chocolate that fits perfectly into a sports jacket without breaking. The product has long been successful and to prevent imitation, the company had the shape of the packaging registered as a trademark in 1993. »trademark-registration
Although it seems talks are still continuing between EU and the British government, it looks like we should seriously consider the possibility of a hard Brexit as per January 1st 2021.This overview is intended to guide our international colleagues (outside of the EU) on the key things to consider when it comes to managing a trademark porfolio and trademerk related disputes if there is indeed No Deal. »trademark-registration
There is a sequel to the case concerning Hema’s underwear. The question was if crocodile decorated kids underwear constitutes an infringement on the Lacoste logo. At first, the court ruled it was not. The picture is purely meant as a decoration, the consumer does not see a trademark in it. In the appeal, the coin lands on the other side. Market surveys play a major part in both court cases. »trademarks
China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some hijackers go a step further and even seize products that are ready for shipping. An exception to this has been developed in case law. If products are only produced in China for export, then this cannot be a trademark infringement (the so-called OEM exception), as the Chinese consumer does not have any interaction with these products. In addition, the trademark holder must have a registration in the importing country. Recently a Chinese Court broke with this in its “HondaKit” ruling. »trademarks
Logos are very important in fashion. Consumers usually have the first glance at clothing hanging or lying in the store shelves and they recognize the brand immediately by the neck logo. So the question is how important that logo is when determining whether a brand is similar? »trademark-registration
MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE.
Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark.
Infringement or not?