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Light, essential and fun trademark news from Knijff
Browsing articles in "infringement"
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
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 […]

Jun
7
2017

Art-didas

art-didas

German sports company adidas is being sued over trademark infringement by Art Basel. Allegedly, adidas wilfully distributed at least 1.000 pairs of sneakers bearing the Art Basel trademark. Art Basel stages the world’s premier modern and contemporary art fairs, staged annually in Basel, Miami Beach, and Hong Kong. The famous art fest routinely permits its show partners […]

Jun
2
2017

Slam dunk donuts

Slam Dunk

Donut chain Dunkin’ Donuts is threatening a small town Massachusetts coffee shop with a trademark lawsuit after they used the slogan ‘North now runs on Mike’s’. Steve Copoulos owns and runs Mike’s Coffee in North Attleboro, Massachusetts. Last month, he was shocked to receive a cease and desist letter from Dunkin’ Donuts. ‘Plainville and North now runs […]

Jun
1
2017

Dona Lola and Lalola

A recent European opposition handled Lola’s: Dona Lola on one hand and Lalola on the other. While Dona Lola Lalo was registered as a wordmark, Lalola concerned a logo (see left). It is fixed case law that consumers focus on the word elements of a logo. Consumers seek recognition and even though there are distinctive […]

May
29
2017

Larger than life

larger than life

Artist Jeff Koons has, once again, been accused of plagiarism. After Koons unveiled a 15-meter inflatable ballerina at Rockefeller Center in New York, social media screamed “Plagiarism”. Allegedly, the inflatable ballerina is an extra large version of a 19 centimeter high statue “Balerina Lenochka” of the 1993 Ukrainian artist Oksana Zhnikrup. Zhnikrup made it as an assignment for a […]

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