H&M claims that RAW is descriptive for clothing since it allures to the rough street culture. G-Star produced a survey in which over 30% of the participants immediately thought of G-Star or GapStar when seeing the sign RAW. H&M did not contest the findings of this survey.
The court subsequently concludes that the general public will recognize a mark in RAW. Even the counter claim by H&M that RAW is also used to describe a certain musical style has no effect. Despite its decorative character the public will assume there is a connection between the decorative element RAW BEAT EXPERIENCE and G-Star’s trademarks. Trademark infringement is likely.