Klinsmann – Panini: 2-1

When Jürgen Klinsmann seeks trademark protection of a silhouette image of his bicycle kick in the match against Bayern Munich for print, clothing and beverages, Panini objects.

 

Panini has been using a three-dimensional image of a "flying soccer player" as a trademark logo for the sale of its soccer pictures and -albums for years. But are the two images similar?


EUIPO initially says so, but Klinsmann wins at the Board of Appeal. The Klinsmann logo is abstract so that it is not clear if an arm or leg is shown. Is this a handball player or a football player? The result: the trademarks are visually nor conceptually similar.

Additionally, the Board of Appeal emphasizes that "descriptive" logos (referring logo) offer limited protection (the image of a soccer player for soccer pictures or sportswear). If you want to claim broad protection for your logo, choose a more distinctive image. (Source image: EUIPO online database)

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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?