The Butcher stops The Butcher Club

In 2012 The Butcher opens her doors in Amsterdam. A new culinary concept based on high standard hamburgers, which are prepared with fresh ingredients. The hamburger meat is on display so the consumer can actually see what they are about to eat. In order to protect its rights the company registered its name as a trademark. This is clever because trademarks give a larger scope of protection than mere tradenames. A trademark registration would enable the owner to stop other companies from using the name in cities far beyond Amsterdam.

In Rotterdam a new restaurant was opened under the name The Butcher Club. It claimed that BUTCHER was descriptive and that it could therefore not be a trademark. The court did not agree with this. A butcher is different from a restaurant and therefore BUTCHER is a perfectly distinctive trademark for a restaurant. Since the offered services were identical THE BUTCHER won the case. BUTCHER changed its name into The Meatclub and had to pay the legal costs of THE BUTCHER.


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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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