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Coin pocket Diesel valid positionmark

Coin pocket Diesel valid positionmark

Diesel has a design for its jeans with a small pocket on top of the right front pocket, the so-called coin pocket. Diesel has applied a small diagonal stripe to this small pocket. Just as Levi's sees its red vertical tab as a trademark, Diesel uses this slanted strip as a vital part of its branding too. In order to protect the rights, it applies for a position mark. » trademark-registration
Valid yellow colormark Kärcher

Valid yellow colormark Kärcher

Ever since 1974, Kärcher has been using the color yellow for its cleaning devices. This same yellow color is also used consistently on their website, brochures, packaging, promotional material and all forms of advertising. In 1990, the company has registered the color yellow as a trademark. It has become clear in EU case law that a PMS or RAL code ought to be submitted with a color claim (only a description is considered too vague). For that reason, in 2012 a new application was filed for the color mark. » trademarks
The importance of protecting a logo, WELSON vs WELLUX

The importance of protecting a logo, WELSON vs WELLUX

The main rule is that a word-mark is optimally protected when registered in all-caps. In whichever way the word is used, the use then falls under the requested protection. However, with short wordmarks, small differences are often enough to distance oneself. In such cases filing a logo can provide extra protection. » trademark-registration
Beer drinking toddlers

Beer drinking toddlers

Misleading advertising is found all over the world. It often concerns use of words, but the deception can also involve matching packaging. Sometimes unexpected parties com to the rescue. Choc Milk Stout (from Howler’s brewery) mimics the packaging of Milo chocolate powder from Nestlé. A nice touch, unless something goes wrong. A toddler accidentally mistakes the can of beer in the family fridge for chocolate milk, after which its parents file a complaint with the advertising authorities. This design is irresponsible. The brewery reacts indignantly: “We do not target children with our beer and the use of this label does not lure children into consuming beer.” » advertising-law
Self-assembled Kitcar infringes on Ferrari

Self-assembled Kitcar infringes on Ferrari

Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered as a kit. A company called Kitcar Collection collects and sells such kitcars.In 2018, this company imports a ready-built kit car from the United States. A logo featuring a prancing horse can be seen on the handlebars and in the center of the hubcaps. The Ferrari word-logo is attached to the front and boot of the car, but covered with black Duct Tape. » trademarks
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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?
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