I love SU

I love suAn interesting decision of the Court of Amsterdam. The sign I love SU ( as shown left) is not a valid trademark because it is not sufficiently distinctive.

The defendant sold some t-shirts with this logo on Kwakoe , a lively Eat Soccer Eat some more Surinam festival in Amsterdam (the Lonely Planet would recommend this as of the beaten track). The plaintiff sent a cease and desist letter demanding to discontinue the use. As the defendant did not reply, a court procedure followed.

You might know that SU stands for Suriname. And I love is, well, I love. According to the court, the sign will not be not recognized as a trademark as it is too general: the sign is unable to function as a trademark and to fulfill its function of distinguishing the origin of the goods.

An interesting decision. Will this decision have some consequences for merchandising trademarks? For example, the tour shirts of a band like Metallica. Metallica is obviously registered for clothing but will Metallica printed on t-shirts constitute use of the trademark Metallica or will this just be seen as support to the band? Well, I love IP, as its never dull!

Arnaud Bos

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