Bulldog - why trademark a logo?

In the Netherlands we have a very quick procedure in place to get an immediately enforceable banning order issued by court (the so called Art. 1019e). However, recently courts have become somewhat reluctant to grant such a request, in fact it is almost never granted anymore, the problem being that the opposite party has no right of speech. Only in the case of an obvious infringement this measure is sometimes still granted.

The Bulldog logo is registered as a trademark. Not only for the services of a so called “coffee shop” (a place where soft drugs are sold legally in the Netherlands), but also for accessories such as weed grinders. When Magic Leaf starts selling grinders with a very similar logo, Bulldog objects. Because the other party does not agree to hand over inventory and is not willing to sign a waiver, Bulldog starts such a ban procedure. It’s important, because this will prevent Magic Leaf from selling out stock before the actual lawsuit.

Court agrees that the Bulldog logo is a well-known trademark. The figurative marks are quite similar and the consumer will associate the offered goods with the popular shop. So the court grants the request for a direct prohibition plus a EUR 5,000 penalty per violation. Therefore one should not only file a wordmark, but consider filing their logo as well, at least if this is distinctive.

trademark-registration



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PURE - MENTOS

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?
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