Lacoste’s claim was initially rejected, partly because the market survey was too suggestive. The new survey has been carried out correctly. This one demonstrates that the consumer perceives the image as a trademark , namely Lacoste. Conclusion: A trademark infringement after all.
The ruling clearly shows the importance of registering ones logo separately (besides the name). Exactly to address this “decorative” use. And since it is an EU trademark, the court in The Hague immediately issues a ban for the entire European Union. (Source image: Abcor)trademarks
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