Trademark news

Volkswagen trumps cult camper

The shape of a product can be protected as a trademark. In order to do so, it must differ significantly from what is already present in the market or has become very well known (acquired distinctiveness). When a trademark application is filed for the Cultcamper logo, Volkswagen successfully opposes it on the basis of its registered shape mark. » trademarks

Yoko Ono and John Lemon gin

In 2015, two young entrepreneurs started Kever Genever. The aims is to get the younger generation to drink the traditional Dutch Gin (jenever). Last year, four readymade mixed drinks were launched in half-litre cans. The name John Lemon was chosen as a designation for the mix with lemon, syrup and water. » trademarks

Puma formstrip well-known serial trademark

Between 1960 and present Puma has obtained nearly 90 trademark registrations in Europe for its formstrip. When Monshoe launches sneakers with a similar imprint, Puma argues this constitutes an infringement of its serial trademark. Monshoe defends itself claiming that the consumer does not perceive a trademark in this, just a decorative print. The design hardly calls an association with Puma in the public’s mind. » trademarks

Jägermeister’s Hubertus deer vs silhouette head of a Hubertus deer

Les Bordes Golf Club uses a silhouette of the head of a Hubertus deer for their logo. When they file EU trademark protection for this sign, Mast-Jägermeister opposes, invoking its registered logo. This has been registered for a wide range of identical products and services. The EUIPO initially rules that the trademarks don’t infringe, but Jägermeister appeals successfully at the EUIPO’s Board of Appeal. » trademarks

Wendy’s Local David versus Global Goliath

A feud dating back to 1997 has been ongoing between the American fast food chain Wendy's and a local diner in the Netherlands. The local diner trademarked their company name in 1995 for the Benelux. The American chain did previously have a trademark in the Benelux, but that had expired as a result of non-use. When the American chain files for trademark protection in 2015, the Dutch trademark holder successfully objects. For many this sounds almost incomprehensible. How can a local diner stop a multinational chain like Wendy's by simply invoking a Benelux trademark? » trademarks
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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?