Red Horse: coat tailing well known trademark

Well-known trademarks enjoy broader protection. Their trademark not only provides protection against similar products, but also against completely different types of goods. It is important that the consumer makes a link to the well-known brand. Well-known brands therefore not only register the word mark, but also other (loose) distinguishing elements.

 

Red Bull is a well-known brand in many countries. The company has trademarked not only the name, but also the packaging, the color combination and the bulls clashing against the setting sun. If Bakewell Biscuits introduces a similar packaging for bars, a ban is ordered. Almost all distinguishing features have been copied. Use of the packaging irreparably damages the brand Red Bull.

trademarks



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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?