Underground infringement

New York’s Union of Orthodox Jewish Congregations of America is the owner of the U-logo left. This logo is used as a certification mark: the logo is shown on products which are approved kosher.

Currently, this organisation is fighting against a local coffee bar in New Zealand which uses the U-logo in their communications and on products (below).

The fight is now before the trademarks office of New Zealand as the Union filed an opposition against the trademark of Underground. The argument is risk of confusion and deception. MarkMatters.com does not see any trademark of the Union in New Zealand, but the Union claims that they have products displaying the union’s symbol since 1998 and the logo is become a known trademark. The logo is licensed to hundreds of firms worldwide.

Altough oppositions most of the times deal with the trademarks and not with the actual use, case examples of confusion can help to convince a local trademarks office. In this respect, the victory might be on the hand of the Union as (according to the Union), many travellers to New Zealand had asked local rabbis if Underground was kosher.

Source: Stuff

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Arnaud Bos

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