Jägermeister: stag’s head and hunter’s hat

Jägermeister is a well known herbal liqueur with a market share of around 38% in Germany. The bottle is as iconic as the drink itself: the dark green label, the stag’s head and the Gothic script are instantly recognizable at the bar. When Alten Kräuterfrau launches a bottle with a similar overall look and feel, Jägermeister objects.

Initially the case goes sideways because the authorities look only at likelihood of confusion, which is rejected as the word elements are entirely different.

Jägermeister, however, has a second iron in the fire: the reputation of its earlier mark. The goods are identical. The later sign uses a similar shade of green, Gothic style lettering and a hunter’s hat, naturally evoking the idea of hunting deer. Together, these elements lead the relevant public to make a mental association with Jägermeister, even without literal confusion. The later mark is found to take unfair advantage of the earlier reputation and the application is refused. Free riding on a famous look and feel may seem clever, but as an “inspired” trademark strategy, it rarely ends well.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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