When is the use of a text or design Trademark infringement? An important question, since the increasing use of words and bright colors on t-shirts and sweaters.H&M sells sweaters with the word CHIEF and the face of an Indian printed on them. Jeans Centre summons H&M to stop the sale, claiming infringement of it´s trademark CHIEF. H&M disagrees and continues the sale. »trademarks
Since 2013 many new domain name extensions have been launched. One of them is .FOOTBALL (especially for Football teams). From June 2015, the domain name became available to the public, for 19 Euros per year. Last autumn the domain name AJAX.FOOTBALL is registered by a third party (not Ajax or its fan club). This person sends an email to Ajax offering to transfer the domain name for the amount of 6.500 Euros. »internet-online-branding
Spa Monopole has been granted an exclusive license, by the authorities, to exploit the natural water sources and thermal baths of the Spa region. The firm has registered the trademark SPA for a wide scale of products, like bottled water and cosmetics. When Kruidvat uses the names SPA SECRETS, SENSE OF SPA, ZOUTSCRUB SPA and SEL DE GOMMAGE SPA, to launch a new line of cosmetics and care products, Spa Monopole objects. »trademarks
In 2014 the EUIPO presented a new guideline regarding the admissibility of logo´s as a registered trademark. A little stripe under the word or a square as background will not convert a logo in a distinctive and valid trademark. The idea is that consumers will not recognize the sign as a trademark, because the logo is too descriptive. As a consequence, many logo´s are being refused by the authorities. In the meantime, the first appeals against these refusals have been judged by the court, that (unfortunately) confirms the new policy. »trademark-registration
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?