Partner in trademark protection

markmatters
Light, essential and fun trademark news from Knijff
Dec
13
2016

The arrow of El Cortes Ingles

The arrow of El Cortes Ingles

Who has ever been in Spain knows the beautiful El Cortes Ingles department stores. An important feature in the corporate identity of El Cortes Ingles is the logo: a green arrow with El Cortes Ingles in it. With the aim to obtain a broader trademark protection, the green arrow is also registered without the word […]

Dec
12
2016

Iceland. The country? (2)

Iceland. The country?

Iceland Foods hits back at the Icelandic government over its ongoing trademark dispute. Iceland Foods owns the European trademark for using the name Iceland. Iceland (the store) and Iceland (the country) have been locked in battle over rights to the word Iceland. The supermarket chain claims that the Icelandic government is “not willing to hold any serious […]

Dec
9
2016

Dr. Hippo

Dr. Hippo

A Florida artist is suing medical facility Mercedes Medical LLC for copyright infringement. The artist, Caleb Prochnow, states in his law suit that in 2005, he created original pictorial illustrations of a cartoon hippopotamus, who is now immediately recognizable and referred to by Mercedes Medical as “Henry the Histo-Potamus”. After a four-year arrangement for limited use as an […]

Dec
8
2016

Draft punk

draft punk

This week we saw an application of the trademark Draft Punk. This mark is filed in the United Kingdom for providing food and drink. Draft of course refers to beer, but the whole brand is a comic variation on the world famous band Daft Punk. Comic or not, humor is no excuse for trademark infringement. […]

Dec
7
2016

A trademark a day keeps lawsuits away

A trademark a day keeps lawsuits away

An Australian court has upheld Apple and Pear Australia Ltd’s (APAL) rights over Chilean-grown Pink Lady sales in North America. A Court of Appeal in Victoria ruled APAL was the true owner of Pink Lady trademarks in Chile, not Pink Lady America. The suit arose from a long standing agreement between APAL and Pink Lady America, which […]

Dec
6
2016

Fight between ant mascots

Fight between ant mascots

Some companies use mascots, especially to reach out to children. Mascots create goodwill and are therefore a worthwhile communication tool. But how to protect these mascots (in advertising “advertising properties”)? Most companies file these mascots as 2D or 3D trademark. However, a trademark only protects the particular form and not the whole concept. These limitations can result […]

Dec
5
2016

Bed decisions

Bed Decisions

IKEA is being sued before Germany’s highest court by German brand e15. e15 claims an IKEA bed is copied from one of its own designs. It concerns IKEA’s Malm bed, which bears a striking similarity to e15’s SL02 Mo. Frankfurt-based e15 is arguing that the Malm is a copy of its design and that the similarity has led customers […]

Dec
2
2016

Goldfinger

goldfinger

Kylie Jenner is facing a legal battle over her wildly popular makeup line. The reality television star, and half-sister of socialite Kim Kardashian, has been accused of misappropriating the imagery of Vlada Haggerty, a Los Angeles-based makeup artist. Haggerty claims to have a copyright on a photo that depicts metallic liquid dripping off of a pair […]

Dec
1
2016

The Panini football player

Genuine use of a trademark exists where the trademark is used in accordance with its essential function. This function is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. In order to provide proof […]

Nov
30
2016

Bad boys

bad boys

The creators of the musical Jersey Boys have been found guilty of copyright infringement. A US court ruled that part of the show’s book had been copied. The musical, which tells the story of Frankie Valli and the Four Seasons, has been running in the West End since 2008 and on Broadway since 2005. But only […]