NIELSON is a well-known singer-songwriter in the Netherlands. He broke through in 2012 and consistently scores hits. When he attempts to register his name for musician and composer services, he discovers that an older trademark was registered in 2013 for services including those of a communication agency, musician, and DJ. The applicant uses the name for marketing activities and performs as Mister Nielson. The ‘Mister’ is a crucial part of the name, similar to Miss Montreal or Lady Gaga, where the full name is important for artists.
Using the name NIELSON for a marketing agency does not bother Nielson, but the claim for musician services is made in bad faith. The case ultimately reaches the Court, where Nielson prevails. He was already using the name as a musician and well known for this. The applicant does not use the name NIELSON but Mister Nielson, yet registered the mark for exactly the services (musician) for which it was not used. For this reason, the mark is cancelled by the Court for registration in bad faith.
