The validity of this position mark is central to a conflict between Diesel and Calvin Klein. Calvin Klein argues that a simple stripe cannot be a trademark. The public sees this as banal decoration.
The Court disagrees. This is not a simple stripe, but a strip that is applied in a special place. Such a strip can often be found on all other jeans, but then horizontally at the top. Due to the diagonal placement, the consumer will see this as a identifying mark. The trademark is upheld for Diesel.
There is no question of infringement by Calvin Klein, because they (like the rest) use a horizontal stripe on their coin pocket. The marks are therefore not deemed visually similar.
Compra BV- domainnames, apps and website design
Mecy 2 bv - Gangster energy drinks
Martin de Waal
AIRMADE air solutions- aircondition and climat control apparatus
Piet Vijverberg Nursery - nursery specialisted in Phalaenopsis and Dracaena
Knol Power - vlogger- influencer
Mark your Business - advertising agency