Eataly Tilburg has to change its name

In 2011 Italian restaurant Eataly opens its doors in Tilburg. According to the tradename register there are several other restaurants in the Netherlands with this name. Since the activities of an Italian restaurant are very locally bound the tradename rights are geographically very limited. Eataly does not expect to run into any problems.

However, after three successful years the restaurant receives a cease and desist letter from Italy. Eataly is a restaurant chain originally from Italy. The first restaurant was opened in 2007 in Turin. Now there are twenty seven restaurants (in Italy, Japan, United States, Dubai and Turkey). To protect the name the company has not only registered it as a trademark in Italy, but also in Europe, America and many Asian countries. Clever, because this way they can easily expand their business.
Eataly Tilburg assumes that they received the cease and desist letter because Eataly want to clean the Dutch market before they open chains here. Because the trademark rights of the Italian company are older and stronger, and because of the high costs of a law suit, Eataly Tilburg decides to change its name.


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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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