BALR – counterfeit and supplier

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.

By way of a private investigator some sample products are purchased which, after a closer look appear to be fake. The reseller hands over his remaining stock, but refuses to sign a prior rights agreement, nor is he willing to disclose the name of his supplier. BALR takes the matter to court and wins convincingly. In case of a trademark infringement, there is an obligation to reveal its source. The shop owner is summoned to end sale and is forced to hand over all correspondence, including invoices, between him and the supplier. Source photo: BALR.COM

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PURE - MENTOS

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?
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