New trademark advisers at Abcor

This spring Ellen Streekstra and Tanja Oosterman joined Abcor. Ellen has been active as a trademark attorney for 20 years. She gained a lot of experience at various trademark agencies, including Bouma, Bakker & Verkuijl and Kneppelhout & Korthals. She also worked as an in-house attorney for several years at Berggruen Group, where she managed the trademark portfolio of German department store Karstadt. Tanja has worked as a paralegal for various trademark agencies over the past 10 years. Ellen and Tanja will focus on SME and our international practice.
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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?