Trademark news

The Butcher stops The Butcher Club

In 2012 The Butcher opens her doors in Amsterdam. A new culinary concept based on high standard hamburgers, which are prepared with fresh ingredients. The hamburger meat is on display so the consumer can actually see what they are about to eat. In order to protect its rights the company registered its name as a trademark. This is clever because trademarks give a larger scope of protection than mere tradenames. A trademark registration would enable the owner to stop other companies from using the name in cities far beyond Amsterdam. » tradenames

Eataly Tilburg has to change its name

In 2011 Italian restaurant Eataly opens its doors in Tilburg. According to the tradename register there are several other restaurants in the Netherlands with this name. Since the activities of an Italian restaurant are very locally bound the tradename rights are geographically very limited. Eataly does not expect to run into any problems. » tradenames

The Ivy Bar Glasgow infringement on The Ivy in London

Catering Companies often find it unnecessary to perform a search for their trade name prior to starting their company. This is unwise, because clever catering companies register their name to create a monopoly on the use of it. The Ivy Bar in London is a famous bar where celebrities came, from Marlene Dietrich to Tom Cruise. » tradenames

Dutch tradename law- after effect Boerenleenbank (Farmer’s Loan Bank)

Tradename Law provides protection for a local company for the services offered. Yet there seems to be some kind of after effect. In 1972, the Central Raiffeisen Bank and the Boerenleenbank (Farmer’s Loan Bank) merged into the RABOBANK. The name Boerenleenbankdisappeared from the streets. » tradenames
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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?