Neymar claims his name

In 2011 and 2012, Neymar was named best football player in South America. Ever since that moment, NEYMAR trademarks were registered all over the world taking advantage of his success. Not only in Brazil, but also in the EU, Turkey and Morocco trademarks were filed for all kinds of products like clothing, food and drinks. Mostly without the consent of the football player.

When Neymar transferred to Paris Saint-Germain in 2017, he had his trademark registered in the EU. However, a Portuguese businessman had done so too in 2012. The European Court ruled that this application was in bad faith. At the time of application, Neymar’s star was already rising and well-known in Europe, as evidenced by the many articles that were published in the football press. That the Portuguese businessman was aware of this, is also indicated by the fact that on the same day he filed a trademark application as well for Iker Casillas (at that time one of the best goalkeepers in the world). The trademark was therefore rightfully cancelled by the European trademark authorities. (Source image: Trademark registry Marocco)

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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?