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markmatters
Light, essential and fun trademark news from Knijff
Jun
23
2017

Suing shoes

The Advocate General of the European Court of Justice has published his opinion on the Christian Louboutin’s – Van Haren case. You know, the one about the ‘red sole trademark.’ After Louboutin sued Van Haren for its “Halle Berry”-collection pumps with red soles, the Dutch shoe retailer struck back by appealing the decision. Now the […]

Jun
22
2017

Iceberg ahead

Iceberg ahead

Similarity of trademarks is a very important condition for a risk of confusion. Similarity of the products and/or services is another. These are independent conditions, if no similarity of products is present, no confusion can arise. The same applies with similar marks which are not similar but cover identical products. Case law assumes a further […]

Jun
21
2017

Captain beats Admiral

Captain beats Admiral

Does a captain outrank an admiral? Trademark-wise? It does in Canadian liquor-stores. A Canadian Federal Court ruled that Admiral Nelson’s rum infringes on the Captain Morgan character’s trademark. Consequently, all sales of products with the Admiral character must cease and desist. The decision is the result of a trademark lawsuit filed by liquor giant Diageo. The […]

Jun
20
2017

Sounds like Gucci, looks like Chanel

The month of June is the real starting point of the festival summer in Holland. Festivals with electronic music, bands, food or wine. These festivals often introduce new international acts and bands. Like the act Hucci who gained our special attention. Hucci sounds like Gucci but the logo resembles that of Chanel! While these kind […]

Jun
19
2017

Spare ribs: All you can sue

Spare ribs: All you can sue

Can’t a trademark attorney just sit back, relax and eat a fine portion of BBQ ribs? Apparently not. True story: the kids of an unnamed trademark attorney’s want to go to a buffet restaurant. Mainly, because they can eat as much ice cream and desserts as they want (or allowed to). But the trademark attorney […]

Jun
16
2017

Handkiss

handkiss

Kiss-frontman Gene Simmons wants to trademark the band’s signature hand gesture. Simmons wants to apply for a trademark of the ‘sign of the horns’, the hand gesture with the pink and forefinger stung up. A hand gesture the 80s band is famous for. “It’s my gesture”, the lead singer says. According to Simmons he used […]

Jun
15
2017

Time to fly

Time to fly

Longines is a famous brand for watches with a distinctive logo: a logo presenting wings. Exclusivity is for brands for watches very important. For that reason, Longines was not pleased with a European trademark application for the logo below, also including watches. Longines filed an opposition and based the opposition on confusion and put forward […]

Jun
14
2017

Run, Color, Run!

Run, Color, Run!

Anyone can organize a running event. But a Color Run? That’s a whole different (trademark) story… Running-event company The Color Run, LLC filed a law suit against rival company My School Color Run, LLC for willful trademark infringement and unfair competition. The Color Run, founded in 2011, is now the largest running series in the […]

Jun
13
2017

Alibaba and the 40 thieves

Alibaba and the 40 thieves

Alibaba is the name of a hero of the fairy tale, a poor woodcutter of the Arabian nights who enters the cave of the forty thieves by using the password ‘open sesame’. This according to EUIPO who had to rule on the similarity between Alibaba and Ali Juguetes. Alibaba was filed by a Hong Kong […]

Jun
12
2017

A tale of two Wendy’s

A tale of two Wendy's

A Dutch snack bar has been refusing to change its name for years, just because an American fast food giant says so. Wendy’s is a very large chain of fast food restaurants, that originates from the US. But Wendy’s is also a little fast food snack house located in the picturesque place Goes, in the […]

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