Mustang is a famous German jeans brand (launched in 1948). Its logo, which contains a stylized mustang, refers to the wild west. The trademark is registered in many countries. When a comparable logo is registered for tobacco the jeans company opposes this. The products are, of course, entirely different. Still the applied trademark may damage the distinctive qualities and reputation of the famous jeans brand. »trademarks
In 1965 Storck (the German manufacturer of Merci) introduces the brilliant idea to market chocolate specifically as a gift. Chocolate for friends to show your gratitude. Therefore all commercials end with the pay-off “Merci, for being you” (or similar slogans in other languages). By using a slogan consequently for a prolonged time, it becomes distinctive, and therefore, the phrase can be registered as trademark. »advertising-law
Well-known trademarks have a broad protection. The holders of these trademarks can act against unfair use of their trademarks, even if used for other products. However, the titleholder has to prove that the trademark was well-known at the moment that a third party applied for an identical or similar trademark. Apple experienced this first hand in China. »trademarks
Trademark protection is always limited by territory. A Benelux trademark is limited to its borders and usually not beyond. The consequence of this territorial limitation is that it is possible to file trademarks in the Benelux that are similar to older foreign trademarks. This summers the European Court has judged on whether a foreign trademark proprietor may invoke the reputation of his trademark to stop a new application. »trademarks
In 2000 Lego filed a drawing of her figurines as a shape mark to protect it from third parties that may want to copy it. BestLock (a competitor) started a cancellation action against this trademark but seems to have lost this procedure. For shape marks there are some specific rules and BestLock is making use of these. For example the figures are a technical solution more than anything else, since they can be combined with other pieces. »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?