Well-known trademarks have a broader protection against third parties that seek to take advantage of their reputation. How far does the protection reach?For many years, Apple has been one of the most valuable trademarks in the world. The brand is known for more the 35 years, as innovative and has a formidable reputation. The Apple logo is a distinctive sign that appears everywhere (for example on the iPhone and iPad). When Pear Technologies from China files for protection for a stylized pear to distinguish ICT software products, Apple files a complaint. »10
VIAGRA is one of Pfizer’s main trademarks. Since its introduction in 1998, the product is a great success with a yearly revenue of little over a billion Euros. The product is available on medical prescription.
However, success has its downside, when third parties try to take a piece of the pie as well. Discussing erection problems with a doctor might be a bit of an embarrassment for many men, which is probably the reason for a flourishing online trade of the product. Research reveals that 60% of the amount of pills sold, is being obtained via illegal trade. »10
Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However, is one of these criteria sufficient to obstruct another trademark. This is the central question in the ‘Witte Wieven’ cheese case. »10
In the year 2001, tapas restaurant ‘the Encounter’ opens its doors in the city of Nijmegen. They register their logo for catering services, in order to protect the goodwill of the restaurant.In the year 2014, a restaurant named ‘the Encounter Zutphen’ is opened in the city of Zutphen (approximately 50 km from Nijmegen). The party from Nijmegen claims that this is infringement of their trademark rights. »10
Drinkopoly is a remarkable game. Basically, the main goal is to drink with your friends. As you can imagine, playing the game is a unique experience every time, because one simply does not remember the previous encounter. The logo speaks for itself, showing a drinking couple, with one of them laying on the ground, completely drunk. When trademark protection is being sought for the logo of Drinkopoly, Hasbro (the producer of Monopoly) opposes the application. »10
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?