Canadian Joel Thomas Zimmerman, better known as DJ Deadmau5, has been battling with Disney over his logo. For over ten years the DJ has been using a round LED helmet with two large ears during his performances. The corresponding logo was subsequently filed for protection as a trademark for many goods and services, such as entertainment services, BMX bikes, bags, clothing, toys, liquor and food. This application was objected by Disney in the United States. The logo is too similar to Disney’s trademark from 1999, a silhouette of Mickey Mouse’s head and ears. This trademark was also registered for a large number of goods and services. As such Deadmau5’s application would harm Disney’s activities.

Apple has been trying to protect the look and feel of her store in Europe as a trademark for a couple of years now. Apple stores, due to their unique design and use of glass panels, brown square tables, a glass stair case and built in lighting, have a distinct look. Research proved that consumers in the United States recognized the interior of an Apple store immediately as such. Even if the logo is not on the wall. With this research in hand Apple succeeded in obtaining a trademark registration for her store layout in the United States.

Sometimes I feel a bit ashamed to tell people that I’m a trademark Attorney when these kind of thing happen. Also in the Benelux a trademark was filed on the 8th of January, only one day after the attack in Paris. The mark was filed for the class headings in classes 03, 16, 25, 28, 32, 35 and 38. Trademarks are usually refused because they are descriptive/ or lack of distinctive character.