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markmatters
Light, essential and fun trademark news from Knijff
Browsing articles in "infringement"
Jul
19
2017

Name it

One of the common brand names is inspired by a first or surname (or both). Just think of Disney, Louboutin and Heineken. Often the brand is based on the name of the founder of the brand. Not quite original but recognizable. And a first name or surname is usually distinctive and thus a perfect trademark. […]

Jul
10
2017

Preferred private selection

Preferred Private Selection

US grocery retailer Kroger is suing European supermarket giant Lidl for trademark infringement over its “Private Selection”. Germany’s Lidl, which operates 10,000 stores around the world, opened its first stores last month on the US East Coast. As part of the launch, Lidl also introduced a house brand “Preferred Selection.” Kroger accused Lidl of infringing its hit […]

Jul
7
2017

Candle in the court

Candle in the court

Retail chain Zara Home has been ordered to pay €7.500,- for copying a coat of arms that was created for a Dutch family. Belgian designer Patrick Damiaens sued the Spanish company after spotting his design in a decorative candle in a branch of Zara Home in France. A judge agreed that there were overwhelming similarities between his work […]

Jul
6
2017

Logos united

Logos united

Generally, consumers will pay the most attention to words as words are the easiest to communicate. But brands are also often recognized by its figurative elements and colors. In addition to a word mark, a registration of the logo is often recommended. If you always use this logo in combination with your name, then the […]

Jul
3
2017

Blue-Red-Blue

Blue-Red-Blue

Gucci is being sued by notorious copycat retailer Forever 21. The issue at hand: blue-red-blue and green-red-green stripes. It all started when Gucci repeatedly threatened to sue Forever 21 for using an array of its registered trademarks, demanding that Forever 21 cease all sales of three bomber jackets, one sweater and a choker necklace bearing blue-red-blue […]

Jun
29
2017

Claiming places as a mark

Claiming places as a mark

Brands are sometimes inspired by place names, countries or territories. For example, think of brands like Columbia, Mont Blanc and Patagonia. However, claiming geographical names as a trademark is difficult, often the indication will be seen as an indication of the origin of the products and not as a distinguishing sign. This depends on the […]

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 summer festivals 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 […]

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