Little Blue Pill suggests Viagra

Through home-shopper.nl “The Natural Blue Pill" was offered for sale. Although nothing is said about the composition and no medical claims are made, the color blue and the accompanying text suggest that this is an alternative to the famous Viagra pill (the prescription drug and registered trademark). The question is, is this permissible?

 

No, the expression is misleading. By using expressions such as "This is the little blue pill everyone is talking about!" and "Normally you pay up to 50 euros for four pills of 100 mg ... order now for less than 12 euros for ten pills!" the consumer gets the impression that the product of the manufacturer is Viagra. The expression is therefore misleading and also unfair.

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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?