Trademark news

Red Horse: coat tailing well known trademark

Well-known trademarks enjoy broader protection. Their trademark not only provides protection against similar products, but also against completely different types of goods. It is important that the consumer makes a link to the well-known brand. Well-known brands therefore not only register the word mark, but also other (loose) distinguishing elements. » trademarks

Valid yellow colormark Kärcher

Ever since 1974, Kärcher has been using the color yellow for its cleaning devices. This same yellow color is also used consistently on their website, brochures, packaging, promotional material and all forms of advertising. In 1990, the company has registered the color yellow as a trademark. It has become clear in EU case law that a PMS or RAL code ought to be submitted with a color claim (only a description is considered too vague). For that reason, in 2012 a new application was filed for the color mark. » trademarks

Self-assembled Kitcar infringes on Ferrari

Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered as a kit. A company called Kitcar Collection collects and sells such kitcars.In 2018, this company imports a ready-built kit car from the United States. A logo featuring a prancing horse can be seen on the handlebars and in the center of the hubcaps. The Ferrari word-logo is attached to the front and boot of the car, but covered with black Duct Tape. » trademarks

METCHUP- MAYOCHUP

In 2007, Dennis Perry had registered the trademark METCHUP in the USA for ketchup, mayonnaise and mustard. Perry mixes these sauces in his own kitchen and sells this himself. Since 2010, he has sold 34 bottles. When Heinz launched a similar product under the name MAYOCHUP in 2016, a problem arises. » trademarks

Ban on Nike Satanshoe

This spring, rapper Lil Nas X not only launched his new video, but also 666 pairs of “Satan shoes” ($1,018), a joint project with artist collective MSCHF. Original Nike Air Max shoes were slightly modified for this. A pentagram was added to the laces, as well as a reference to Luke 10:18 (the fall of the devil) and a drop of human blood combined with ink on the sole. After the announcement on Twitter, the numbered pairs sold out in the blink of an eye. Not to the liking of Nike, but could they do something? » trademarks
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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?