Still no EGGception

In European trademark law there is very little, if any, room for parodies on trademarks. Very much to the dismay of many an artist. The German novelty houseware manufacturer Koziol had the ludicrous idea of making an egg holder that has the same basic shape as an iPod.  

The egg holder was dubbed EIPOTT. Ei means egg in German. The circular “control panel” was concaved so you could put your egg in its place. On its “screen” you could put some salt. Although meant as an honest parody, Apple was not amused at all. Apple claimed that the EIPOTT brought serious damage to the reputation of her well known trademark IPOD. The judge decided that although the idea of the EIPOTT was quite funny, it did infringe Apple’s trademark rights. Koziol had to pay penalties of up to € 250,000 for each day the infringement continues and any further use of the name EIPOTT was expressly prohibited. Koziol will appeal the decision.
 

parody



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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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