Benelux Color mark AJAX invalid

Ajax sells merchandise items bearing the logo of Ajax, the red track and lyrics like 'Amsterdam' and 'Pride of Mokum. In order to protect its goodwill (and exploit), AJAX has a number of trademark registrations made based on the red track. A trader sells a vest with a red stripe, crosses and the words “PRIDE OF Mokum”. On the vest is a label FANSPORT, FANWEAR FOR FANS and “official licensed product”. The vest is not from AJAX.  

During the lawsuit AJAX invokes its colour marks, a square containing a red stripe and a T-shirt with a red stripe.
The judge ruled first that the colour marks are not valid. It is not exactly clear what colour is claimed. In the past a simple colour box used to be enough, but not anymore. Now the registration needs to be more specific. A PMS colour code is most certainly a requirement. The claim based on the colour marks is rejected. Fortunately, for AJAX their subsidiary claim based on unlawful act was successful. The items were presented in such a way that the consumer may believe they were official AJAX merchandise.
 

trademark-registration



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