Beatles Flower Region Beer prohibited - trademark infringement

Fifty years ago the Beatles had their first (and last) performance in the Netherlands. That first special concert was on June 5 in Treslong in Hillegom. In order to celebrate the occasion of this anniversary Beatles Bollenstreek Beer was launched.

The label was made in conjunction with the Beatles museum in Alkmaar and is based on a painting that has been there since 1963. It seemed like a good idea, except that it was somehow forgotten that the name BEATLES is also a registered trademark. After the launch of the beer a cease and desist letter was immediately sent in the name of Apple Corp (the Beatles record company) who owns the trademark rights to BEATLES. The case has been settled and the beer is now for sale under the name Bollenstreekbier (Flower Region beer).

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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?