The value of trademarks

This year, Google has been proclaimed (in the Brandtz top 100) as the most valuable trademark in the world (an estimated 229 billion US dollars). In the top 100 there are also Dutch companies: Heineken (10,5 billion) and Shell (almost 15 billion). The most expensive trademarks belong normally to the technological companies, like Apple, Microsoft, Facebook and Amazon. However on what scale the value of a trademark diminishes in case of a bankruptcy?

The bankruptcy of the well-known Dutch warehouse V&D is a good example. The trademark rights on V&D’s pearl ‘La Place’ were bought by the company JUMBO, for a mere 30 million Euros. The trademark V&D also remains alive. This summer Cool Cat founder Roland Kahn, Jacco Shefers and former Hema CEO Ronald van Zetten, bought the trademark rights for half a million. The trademark V&D will become the leading standard for a web shop. The positive aspect is that the trademark V&D does not end up on the graveyard, as did many others, like PIET KERKHOF, VAN GEND & LOOS or the SRV (see also disappeared trademarks: 1970-2015).

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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?