In Holland everybody knows the huge cushions of Fatboy. They were the first with these products and yes, popular products attract free riders, we all know that.
FatSak is a competitor selling big cushions as well. We have to say, cushions with a very different look and feel but still big cushions. FatSak applied for the European trademark FatSak.
Will this be the start of the dilution of the word Fat in Fatboy? No, as Fatboy filed an opposition and the OHIM rejected the trademark as they found the trademarks similar. Especially the beginning of the marks is identical, according to the OHIM. And that’s what counts in this matter.
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“Trademark protection gives freedom to do business.”