Trademark news

No logo HelloFresh

The trademark application for the HelloFresh logo has been opposed successfully by the Czech company Linea Nivnice. It argued that the HelloFresh logo is confusingly similar to its word mark and logo HELLO. The Board of Appeal agrees with the European trademark authorities. But how is that possible? Can a company just claim to own a general word like HELLO? » trademarks

Surviving with Miel Gibson

In February, Chilean teacher Yohana Agurto lost her job. Being a single mother of four, her situation got even worse when Chile went into lockdown due to the Corona outbreak. But all of a sudden she had a brilliant idea when she saw a picture of Mel Gibson somewhere online. She still had a lot of organic honey in her basement. A new brand was born: Miel Gibson ("miel" being Spanish for honey). A picture of the actor taken from the movie Braveheart was used on the label. Sales were not booming, but it paid the bills and the kids could eat, so she told the New York Times. » trademarks

Hema crocodile infringes on Lacoste after all

There is a sequel to the case concerning Hema’s underwear. The question was if crocodile decorated kids underwear constitutes an infringement on the Lacoste logo. At first, the court ruled it was not. The picture is purely meant as a decoration, the consumer does not see a trademark in it. In the appeal, the coin lands on the other side. Market surveys play a major part in both court cases. » trademarks

Production in China and brand protection, HONDA vs HONDAkit

China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some hijackers go a step further and even seize products that are ready for shipping. An exception to this has been developed in case law. If products are only produced in China for export, then this cannot be a trademark infringement (the so-called OEM exception), as the Chinese consumer does not have any interaction with these products. In addition, the trademark holder must have a registration in the importing country. Recently a Chinese Court broke with this in its “HondaKit” ruling. » trademarks

CrossFit vs CrossBox

Since 2006, the CROSSFIT trademark has been registered in the European Union for fitness training. This fitness program was conceived in America, using car tires and sandbags. The concept and name are licensed to many gyms. When VES (an organization of independent gyms) starts offering a similar training under the name THE CROSS BOX, CrossFit objects to this.  » trademarks
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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?