G-Star - H&M; Raw Deal

G-Star has registered the word RAW as a trademark in both the Benelux and the European Union. When H&M decides to sell T-shirts and sweaters with the print RAW BEAT EXPERIENCE, a new conflict is born.  

H&M claims that RAW is descriptive for clothing since it allures to the rough street culture. G-Star produced a survey in which over 30% of the participants immediately thought of G-Star or GapStar when seeing the sign RAW. H&M did not contest the findings of this survey.
The court subsequently concludes that the general public will recognize a mark in RAW. Even the counter claim by H&M that RAW is also used to describe a certain musical style has no effect. Despite its decorative character the public will assume there is a connection between the decorative element RAW BEAT EXPERIENCE and G-Star’s trademarks. Trademark infringement is likely.


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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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