//CALVIN COPY

CALVIN COPY

In addition to counterfeiting, competitors also try to take advantage of the reputation and reputation of a brand in less far-reaching ways. The twilight zone is searched for trademark protection: if the trademark shows just enough differences from the well-known brand, such is allowed (is the idea).

For example, a Chinese company tried to register the trademark CAIVENKELIN in the European Union. This word is an anagram of CALVIN KLEIN, whereas the I and the L are swapped to mask the anagram.

Although the goal is unmistakable, it is annoying that as a trademark owner you have to file an opposition against the brand yourself and thereby demonstrate that the trademarks are similar and that confusion is given. If you read CAIVINKELIN, you read something different than CALVIN KLEIN. However, the visual aspect always weighs heavily in a trademark assessment. And since the trademarks consist of almost the same letters, the visual similarity is more than average, according to the EUIPO. This also applies to the aural similarity of the trademarks. The conclusion is that the EUIPO finds the trademarks similar and believes that there is a risk of confusion. A nice success for the trademark owner!

Arnaud Bos

“Trademark protection gives freedom to do business.”

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