JOHN IS ON – ON LEMON persistence

To prevent third parties from using the name and heritage of John Lennon, Yoko Ono has registered the name as a trademark. The word mark JOHN LENNON is registered for a wide range of goods and services, including soft drinks. When soft drinks are offered using the name JOHN LEMON, advertised depicting, inter alia, the iconic glasses of John Lennon, she objects successfully. The parties reach a settlement. The soft drink is renamed, holding sufficient distance from the name John Lennon.

Less than one month later, the drink is relaunched under the new name ON LEMON - JOHN IS ON. To promote the soft drink, the old name is used occasionally on Facebook and Instagram, as well as on shipping boxes. Is this infringement? Yes it is. The names JOHN LEMON and JOHN LENNON are similar and are used for identical products. In addition, the new brand ON LEMON - JOHN IS ON is similar to the infringing JOHN LEMON and is used in combination with it. It is precisely because of that persistence that the new trademark is not allowed. A European-wide ban follows.


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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?
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