MEXX a boy’s name?

In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen. The mark had been sublicensed for bedding until 2015.Globa Sleep has taken over the estate and assets from the bankrupt Mexx Bedding. Globa Sleep offers box spring and mattresses through Facebook and LinkedIn pages of the former company and the website <mexxbedding.nl>. After a summoning of Mexx International to stop this use, Globa Sleep states it will change the trade name and domain. But after a few months there is still plenty to be found online, so a lawsuit is quick to follow.

All claims hold up in court. The counter-argument that Mexx is a boy’s name is irrelevant. Globa Sleep doesn’t use it as a boy's name, but for selling similar products. Advertising via Facebook and LinkedIn must also stop. The fact that the social media accounts are held by former employees is for the account of Globa Sleep. It has bought the estate including all goodwill and e-mail addresses. For that reason Globa Sleep is liable for all online use. The court assumes that the company can claim the relevant former employees’ profiles to put an end to this.

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PURE - MENTOS

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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