Freedom of Speech - Davidoff- Davideath

In our second item on tobacco the “victim” is Davidoff. Davidoff is one of the main sponsors of the Swiss ATP Indoor Tennis Tournament. Apparently the connection between smoking and sports is a sensitive one, and according to some a mutually exclusive one.  

For that reason opponents of the tobacco industry launched an alternative website to clarify that sports and tobacco cannot co-exist. In order to prove their point they changed the logo from the tennis tournament, it now said DAVIDEATH.

Davidoff took immediate action against this, claiming that be made based on trademark rights since there was no commercial use.) The court decided that freedom of speech was a fundamental right that cannot be limited very easily, even if the parody and criticism may hurt Davidoff.


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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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