Many believe that the registration of a logo provides limited protection, but current jurisprudence shows the opposite. The LOCK case and the recent decision concerning the logo of Nationale Nederlanden lead to the conclusion that the figurative element of a logo with words should be protected also. But how far reaches this protection of merely the figurative element? »10
For the new Magnum Ice-cream campaign, Unilever files the trademark RELEASE THE BEAST. The trademark is claimed for ice cream and ice lollies. Monster opposes on the basis of its word trademark UNLEASH THE BEAST, registered in 2011 for non-alcoholic beverages. The Benelux Office for Intellectual Property (BOIP) denies the opposition because the goods are not considered similar. Monster successfully appeals the decision. »10
Three Dutch professional football players launch the fashion trademark BALR in 2013. The black and white T-shirts with the print BALR have become popular and well-known. Especially when Angel di Maria, a famous football player, is spotted in a BALR t-shirt. The trademark is registered in 2015 for a wide range of products. In February, BALR is tipped off about the possible sale of counterfeit products. »10
In many countries trademarks have to be used within 5 years, if not, third parties can initiate a cancellation procedure. Could this rule be used, to obtain a well-known trademark which is not being used anymore? This question was recently brought before the German Court. »10
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
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?