Puma & cat like predators

Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with this by using a similar logo, but with a different brand name. However, that doesn’t stick.

Puma has been manufacturing sports attire for well over 65 years and it is present in more than 120 countries. The iconic leaping puma is one of the important distinguishing marks of the brand. If the company discovers that the brand EXCESSIVE offers sports clothing via Facebook and internet for sale with a cougar jumping downward, Puma starts an injunction. The judge awards all claims. The logos are clearly similar. There is a risk of confusion and the consumer may think that the products originate from the same company. Consequence: a total ban on the mark’s use. And should a webpage be caught online after two days from the ruling, the company faces € 2,500 damages (per page found). Source image : IE-forum.nl


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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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