Ion Maiden becomes Ion Fury

When choosing a title for an online game it is wise to check whether this name can be used freely. 3D Realms, developers of Duke Nukem, learned this when it announced the name of its new game Ion Maiden. British heavy metal band Iron Maiden has registered its name (and logo) in many countries (including the US) to prevent coat-tail riding.

There is only one letter difference and the typography of the game logo also resembles. The main character name, Shelly Harris, also bears a lot of resemblance with the name of the bands songwriter, Steve Harris. A lawsuit was filed in California demanding a ban of the name whilst claiming damages. Reason enough for 3D Realms to change the name to Ion Fury this summer. The game was launched in August, however the logo has largely remained the same.

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?