Restaurant Ivy has been active in Rotterdam since 2009 and earns her first Michelin star after one year in 2010. The same year a recipe book is published named IVY 2010.
THE IVY from London has been in business since 1917, and have registered their Community Trademark IVY in 2007 for restaurant services and books.
In 2012 the Rotterdam restaurant receives a cease and desist letter from London regarding the name IVY. Ivy Rotterdam does not comply and thus the Court gets the final word.
Because the name IVY is part of the logo used on the restaurant’s wall, promotional material and is on the website, it is clearly a trademark and not just a trade name. This means that the trademarks in the case are nearly identical with identical goods and services.
The fact that IVY from Rotterdam is only active in Rotterdam is not relevant. People may very well assume that the two restaurants have something to do with each other. The Rotterdam establishment now has to change its name within two months. (Source image: Boek9.nl)
