Grumpy Cat victorious in court

Presumably Crumpy Cat is the most famous cat in the world. The cat’s (real name Tardar Sauce) career was launched in 2012 when its picture was published on Reddit. The dwarfish face of this grumpy creature goes viral (the official FB-page has 8.7 million likes). The cat’s popularity soon motivates the owner, Tabetha Bundesen, to start the company Grumpy Cat Limited. The cat’s face and the name, Grumpy Cat, are claimed as trademarks in the US and several other countries for a diversity of products.

Through a license agreement, the portrait of the cat can be used by the company Grenade Beverage for the sale of a special type of coffee, Grumppuccino. When the image is being used for other products as well like t-shirts, Grenade is taken to court. The judge states that this use exceeds the license agreement and constitutes an infringement of Grumpy Cat’s trademark and copyrights. Grenade is ordered to compensate the damages, an estimated 710,000 dollars.

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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?