Beatles Flower Region Beer prohibited - trademark infringement

Fifty years ago the Beatles had their first (and last) performance in the Netherlands. That first special concert was on June 5 in Treslong in Hillegom. In order to celebrate the occasion of this anniversary Beatles Bollenstreek Beer was launched.

The label was made in conjunction with the Beatles museum in Alkmaar and is based on a painting that has been there since 1963. It seemed like a good idea, except that it was somehow forgotten that the name BEATLES is also a registered trademark. After the launch of the beer a cease and desist letter was immediately sent in the name of Apple Corp (the Beatles record company) who owns the trademark rights to BEATLES. The case has been settled and the beer is now for sale under the name Bollenstreekbier (Flower Region beer).


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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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