Partner in trademark protection

markmatters
Light, essential and fun trademark news from Knijff
Mar
28
2017

No ®-logo

No ®-logo

One of the most fascinating issues in trademark law is the question whether or not a mark is distinctive. A question that has resulted in a large amount of case law. While this question merely handled the wordmarks as well as non-traditional trademarks, recent years more and more device marks were refused as well in the […]

Mar
27
2017

Juicy law suit

juicy law suit

In adidas’s continuous battle against ‘other stripes’ the next one on the list is Juicy Couture. Garments in its collection feature three stipes, for which adidas is famous. The German sportswear giant claims that Los Angeles-based Juicy Couture “intentionally adopted and used counterfeit and/or confusingly similar imitations of the Three-Stripe Mark.” According to adidas Juicy […]

Mar
24
2017

The Eating Dead

The Eating Dead

Would you eat at a restaurant called “The Walking Dead”? Many zombie-fans perhaps, but not the creator Robert Kirkman. He’s trying to stop the restaurant from using the trademarked name. Phillip, Steven and Anna Theodorou have no relation to The Walking Dead, neither with the highly acclaimed television series nor the famous comic book series, […]

Mar
23
2017

Tomorrow is the future

Tomorrow is the future

The amount of festivals in Europe is rapidly growing. Especially the electronic music festivals. Like good trademark protection for the name of bands and DJs, this also applies to festival names. Tomorrowland is one of the biggest European festivals. This festival has protected its trademark in the European Union. Fortunately, because a German company filed […]

Mar
22
2017

Let’s be Frank

Let's be frank

Zara has struck again. It is once again under over copyright infringement. The Spanish clothing chain has put a sweater on the shelves, that looks very much like a design by Belgian designer Cathy Franken. Many of the big fashion houses have seen similar versions of their designs pop up on the shelves of Zara. […]

Mar
21
2017

For prostitutes and saints

A new series of playfully packaged condoms has caused outrage in the Evangelical Church in Germany. The condoms contained a text attributed to Luther, “Hie stehe ich, ich kann nicht anders” (“Here I stay, I cannot help it”). The Evangelical Church was relieved that thousands of condoms have now been destroyed. According to the church, the […]

Mar
20
2017

Diamonds forever

Diamonds forever

The similarity between marks is an important prerequisite for the risk of confusion. When you assess the trademarks the composition of the marks is very important. Is the similar element placed in the beginning of the trademarks (consumers tend to pay more attention to the beginning of trademarks)? Or is the similarity at the end? […]

Mar
17
2017

A copycat mouse?

deadmau5

He must be the most sued dj in the world: Deadmau5 is facing a law suit over trademark infringement. Again. A cat-themed online retailer is suing electronic music icon Joel Zimmerman over the name “Meowingtons”. Zimmerman, stage name deadmau5, filed a petition with the U.S. Patent and Trademark Office in December, seeking to cancel a Florida […]

Mar
14
2017

It’s a matter of taste

It's a matter of taste

Companies distinguish themselves with a name or an original logo. And increasingly also with distinctive designs and packaging. The latter can be protected by a design registration. One of the quickest IP procedures is the European design registration whereas EUIPO only assesses the design application on formal requirements. One of the requirements is a clear […]

Mar
13
2017

Stripe a pose (2)

stripe a pose

FC Barcelona has backed down from a trademark fight with sportswear company adidas by abandoning a trademark application. Earlier we reported that the German sports company had filed a notice of opposition to Barca’s trademark application for a red and blue striped design, described as a “square containing seven vertical stripes”, covering goods such as t-shirts, […]