Who is the mole? Quiz - trademark infringement TV format

In order to prevent coat tail riding, names and logos of television shows are often registered as trademarks. Use is allowed if a license fee is paid. IDTV is the owner of the name and the logo of the show “WIE IS DE MOL?” (Who is the mole?), which is registered in the Benelux. Not just for TV shows but also for games, hotels and travel services.

Travelling agency Sawadee obtained a license to arrange trips to locations where the TV show was taped.
TB Events organizes company trips under the names: Boer zoekt vrouw, Holland got Talent, Peking Express, Seks in the City etc, all names of TV shows. Until recently there were also trips named “Wie is de Mol Lunch?”, “Wie is de Mol aan tafel?” en een “Wie is de Mol? Quiz”. Because TB Events does not pay for this use IDTV sues them. The court decides that the names TB Events uses are almost identical to IDTV’s trademark. The only added elements are completely descriptive. TB Events also uses the trademark for similar services as IDTV’s registration. The court therefore rules that this use is an infringement. TB Events is prohibited from using the names any longer and has to pay IDTV’s legal costs.

trademark-registration



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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?
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