Lacoste has registered its crocodile emblem as a device-mark for clothing. Does this give the company a right to ban any use of crocodiles on clothing? The lawsuit that Lacoste filed against Dutch retailer Hema revolves around this question. In spring 2018, Hema launches new gray shirts and underwear with a variety of animal figures, one of which resembling a crocodile. Lacoste demands a ban, claiming the creatures look too much like the Lacoste logo. Hema in its defense claims that this is an adornment and that the general public does not perceive these creatures as a trademark. »trademarks
restaurants. McDonald's opposes this filing because SUPERMAC'S sounds confusingly like BIG MAC. McDonald's bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac's incites a cancellation action against the Big Mac trademark. The trademark is over five years old and the holder must prove that the trademark has been put to real and effective use for the past five years. McDonald's provides figures claiming Big Mac hamburgers sell over 200 million units per annum, along with screen-prints of websites and tons of advertising material. »trademarks
In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen. The mark had been sublicensed for bedding until 2015.Globa Sleep has taken over the estate and assets from the bankrupt Mexx Bedding. Globa Sleep offers box spring and mattresses through Facebook and LinkedIn pages of the former company and the website <mexxbedding.nl>. After a summoning of Mexx International to stop this use, Globa Sleep states it will change the trade name and domain. But after a few months there is still plenty to be found online, so a lawsuit is quick to follow. »trademarks
As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN logo was registered in black and white in the EU as a device mark for almost all goods and services. A smart move, because that way the logo can be turned for profit. Many of the club’s sponsors (including a beer brewer) bring products to the market with the logo ride along on the popularity of the team. The logo consists of the name with the pattern of the Bavarian flag in the middle. When another Bavarian brewery comes up with a similar logo, the football club objects »trademarks
Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with this by using a similar logo, but with a different brand name. However, that doesn’t stick. »trademarks
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?