Influencers social media and well-known brands

Advertisers are keen on using influencers to promote their products on social media. Some vloggers’ reach is immense and they are ideal for pushing a product into the attention of the target group. Does this now also have trademark law consequences?

 

SUGARBEAR is a brand for vitamin preparations and objects to the launch of a competing product BEAUTY BEAR. They argue that the signs are similar and the products identical. But most importantly: the SUGAR BEAR brand is known to the target group due to the very successful social media campaign in Europe.

SUGAR BEARs Instagram account has 1.6 million followers. Influencers like Kim Kardashian (and many others with millions of followers) have previously promoted the brand and products on their own Instagram and YouTube. Many articles about this very successful online campaign are submitted in support of the claim.


The trademark authorities therefore come to the conclusion that the SUGARBEAR brand is well-known within the target group. It is not enough that the first words are different. The BEAUTY BEAR brand has been rightly refused.

trademarks

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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?