Spyder Active Sports, an outdoor brand, has secured registration for its logo across a diverse array of outdoor merchandise, spanning sporting goods, watches, bags, and apparel. When a similar logo

In 2007, Red Bull initiated legal action against the introduction of The Bulldog energy drinks, citing trademark infringement. The contention was that the trademark “The Bulldog” bore resemblance to Red

Trademark rights are territorial. If another party uses a similar sign in another territory, is it possible to take action against it?

It seems as though an increasing number of copycat trademarks are being filed in Russia, especially copying large corporations that decided to cease or suspend operations there. Will these applications

Dog Diggin Design sells products for dogs, such as dog beds, dog pillows and dog toys. When the company applies for trademark registration of the word mark HAIRMES, Hermes objects.

Dung Young Food Services started a wholesale store specializing in Asian products in 1957. Since 2011, they have been selling more than 150 different products under the private label AKAYA

Internationally, the US Supreme Court’s ruling on whether the Bad Spaniel’s dog toys infringe on the Jack Daniel’s trademark is eagerly awaited. VIP Products makes these chew toys in the

When a logo depicting a stylized rabbit’s head is filed in the European Union for clothing and sex toys, Mercis objects. After all, Miffy is known worldwide for its child-friendly

Companies sometimes think they are safe once their trademark is registered and that possible older similar marks can then no longer be a problem. This is not correct. Sometimes a

Famous artists, movie stars, athletes et cetera often register their names as trademarks. Not only for the services they provide under that name, but often also to start selling merchandise

NFTs and the Metaverse are a hot topic at the moment. The main question is, should trademark owners now massively re-file all their trademarks to include these digital products and

Logos sometimes consist of simple geometric figures, such as lines, dashes, circles, dots or squares. This leads to a limited protection for such a logo. Consequence: it is difficult to

Every year the many rankings of trademark agencies reappear. The vast number different rankings can be rather overwhelming. However, there are a couple of rankings which are particularly important to

When the mark FLOWERCAT is filed in the European Union for hand tools, toys and more, the company Caterpillar objects.
Normally, a great deal of importance is given to the

New Balance successfully challenged the use of the New Burlon logo in China this spring. The sports brand had placed an N, similar to that of New Balance, on a

Western companies leaving Russia have opened the door for trademark hijackers. Many new brands look suspiciously similar to the logos of departed companies, but as the new trademark owners almost

Numerous companies are still trying to capitalize on the reputation of well-known brands. They often use visual elements or logos which immediately remind us of well-known trademarks, regardless of the

It is still a strange but given fact. Sometimes companies apply for trademarks for which the source of inspiration is beyond obvious. A senseless operation, so it seems.

Between 1960 and present Puma has obtained nearly 90 trademark registrations in Europe for its formstrip. When Monshoe launches sneakers with a similar imprint, Puma argues this constitutes an infringement

A feud dating back to 1997 has been ongoing between the American fast food chain Wendy’s and a local diner in the Netherlands. The local diner trademarked their company name

Dealerdirect Global operates a website , which would translate into Iwanttogetridofmycar.com. A competitor also uses this Dutch phrase meaning ‘I want to get rid of my car’ on its website.

Well-known trademarks enjoy broader protection. Their trademark not only provides protection against similar products, but also against completely different types of goods. It is important that the consumer makes a

Ever since 1974, Kärcher has been using the color yellow for its cleaning devices. This same yellow color is also used consistently on their website, brochures, packaging, promotional material and

Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered

In 2007, Dennis Perry had registered the trademark METCHUP in the USA for ketchup, mayonnaise and mustard. Perry mixes these sauces in his own kitchen and sells this himself. Since

This spring, rapper Lil Nas X not only launched his new video, but also 666 pairs of “Satan shoes” ($1,018), a joint project with artist collective MSCHF. Original Nike Air

Within trademark law we are familiar with the protection of Designations of Origin. These are terms that can only be used by companies if they meet certain strict conditions, for

When Jürgen Klinsmann seeks trademark protection of a silhouette image of his bicycle kick in the match against Bayern Munich for print, clothing and beverages, Panini objects.

Bullsone markets automotive cleaning and maintenance products. In South Korea, the company has a market share of 90%. An aggressive bull features as their logo. Red Bull is one of

Brexit became a fact at the end of 2020. The consequences of this work in all directions. EU trade marks were automatically split in a national UK trademark (implicating double

The trademark application for the HelloFresh logo has been opposed successfully by the Czech company Linea Nivnice. It argued that the HelloFresh logo is confusingly similar to its word mark

In February, Chilean teacher Yohana Agurto lost her job. Being a single mother of four, her situation got even worse when Chile went into lockdown due to the Corona outbreak.

There is a sequel to the case concerning Hema’s underwear. The question was if crocodile decorated kids underwear constitutes an infringement on the Lacoste logo. At first, the court ruled

China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some

BMW has been around for almost 100 years, making motorcycles (since 1923) and cars (since 1928). The company has registered its trademark rights worldwide. In India, these rights go back

In the Benelux we do not know an exclusive right to our own name. If a company wants to claim a family name as its exclusive name, it will have

Adidas uses three parallel stripes as the distinguishing sign of its products. Characteristic is the number and the fact that the stripes are just as wide as the space between

Trademarks are sometimes used in works of art. Well-known examples of recent years are: Darfurnica by Nadia Plesner with the Louis Vuitton bag and Banksy’s Dismaland (Disney trademarks). Trademark owners

After a rather ominous period of silence, last January 24th the European Union and the UK placed the necessary signatures in order for England to formally leave the EU on

When choosing a title for an online game it is wise to check whether this name can be used freely. 3D Realms, developers of Duke Nukem, learned this when it

A Dutch chain of petrol stations has been using a fictional character named “Tom de Ridder” in its radio commercials since 2009, in order to promote its payment card and

Ray-ban sunglasses are offered for sale on a closed Facebook group called ‘Marketplace without rules’ with the following text: “This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be

Red Bull has a reputation of vigorously enforcing its trademark rights. Actions are taken against every new player in the market for energy drinks, using the word BULL or any

It’s no secret that Lidl regularly has private labels that have striking similarity to those of well-known A-brands. Think of Zagerman sausages (vs Stegeman) and Duetti chocolate spread (vs. Duo

In 2011 and 2012, Neymar was named best football player in South America. Ever since that moment, NEYMAR trademarks were registered all over the world taking advantage of his success.

Rock band Guns N’ Roses has been an established name for decades. Its popularity hasn’t faded, given the 17 million followers on Facebook. The band holds three American trademark registrations

Since 1993, Frito-Lay has been marketing TIJGERNOOTJES (TIGERNUTS); a peanut with a crispy shell. As result of the baking process, the outer dough layer is cracked. therefore, the nut has

Not only the typography of Coca-Cola is world famous, also the white wave against a red background design has a high grade of recognition. These elements are naturally registered as

Lacoste has registered its crocodile emblem as a device-mark for clothing. Does this give the company a right to ban any use of crocodiles on clothing? The lawsuit that Lacoste

restaurants. McDonald’s opposes this filing because SUPERMAC’S sounds confusingly like BIG MAC. McDonald’s bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac’s incites a cancellation action against

In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen.

As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN

Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with

To prevent third parties from using the name and heritage of John Lennon, Yoko Ono has registered the name as a trademark. The word mark JOHN LENNON is registered for

Pepsi has been using the Pepsi Globe logo since 1991, consisting of a round sphere with wave shaped surfaces in the colors red, white and blue. Since then, the logo

Levi Strauss puts a lot of effort in securing the reputation of its jeans’ brands. The company has registered many marks and signs as trademarks. Not only the name LEVI’S

Presumably Crumpy Cat is the most famous cat in the world. The cat’s (real name Tardar Sauce) career was launched in 2012 when its picture was published on Reddit. The

Many believe that the registration of a logo provides limited protection, but current jurisprudence shows the opposite. The LOCK case and the recent decision concerning the logo of Nationale Nederlanden

For the new Magnum Ice-cream campaign, Unilever files the trademark RELEASE THE BEAST. The trademark is claimed for ice cream and ice lollies. Monster opposes on the basis of its

Three Dutch professional football players launch the fashion trademark BALR in 2013. The black and white T-shirts with the print BALR have become popular and well-known. Especially when Angel di

In many countries trademarks have to be used within 5 years, if not, third parties can initiate a cancellation procedure. Could this rule be used, to obtain a well-known trademark

Well-known trademarks have a broader protection against third parties that seek to take advantage of their reputation. How far does the protection reach?
For many years, Apple has been one

VIAGRA is one of Pfizer’s main trademarks. Since its introduction in 1998, the product is a great success with a yearly revenue of little over a billion Euros. The product

Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However,

In the year 2001, tapas restaurant ‘the Encounter’ opens its doors in the city of Nijmegen. They register their logo for catering services, in order to protect the goodwill of

Drinkopoly is a remarkable game. Basically, the main goal is to drink with your friends. As you can imagine, playing the game is a unique experience every time, because one

When is the use of a text or design Trademark infringement? An important question, since the increasing use of words and bright colors on t-shirts and sweaters.
H&M sells sweaters

The European Parliament has approved the new European Trademark Directive, which will come into force on March 23. There are some important changes. The registration fees will be paid per

Cartoon figures are regularly used to market child products. Ehrman (a big German dairy products company) launches Monster Backe, a friendly smiling dinosaur, in 2006. The character is being used

Some companies work with a series of brands. Almost all products are offered through trademarks that have something in common. One of the most famous examples is McDonald’s. Next to

Mustang is a famous German jeans brand (launched in 1948). Its logo, which contains a stylized mustang, refers to the wild west. The trademark is registered in many countries. When

Well-known trademarks have a broad protection. The holders of these trademarks can act against unfair use of their trademarks, even if used for other products. However, the titleholder has to

Trademark protection is always limited by territory. A Benelux trademark is limited to its borders and usually not beyond. The consequence of this territorial limitation is that it is possible

In the Benelux there are no separate rules for the registration of personal names as a trademark. Since 2012 Roy Donders has become famous, thanks to various TV shows. In

A famous trademark may oppose the use of a comparable sign for completely different products. In a trademark application is filed for an orange T-Shirt that bears number 14, which

A trademark enables a company to stop other from using trademarks for similar and identical goods. Some trademark owners, however, try to stretch their rights to the very limit. Red

In 1999 New Zealander Geoff Ross introduces a new pure vodka under the name 42BELOW. Bacardi buys the company eventually, after the product turned out to be a great success,

A number of large supermarkets seems to almost enjoy offering products that are very similar to well-known brands. Until recently, the emphasis was mostly on the packaging. Nowadays they are

A trademark right does not only give protection against use by other of the trademark for similar products, but also for complementary products. The question is, however, how far does

Polo by horseback has been played since ancient antiquity. The American company Ralph Lauren uses this image as a logo for her clothing line. However, there are many other forms

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

Apple has been trying to protect the look and feel of her store in Europe as a trademark for

Sometimes I feel a bit ashamed to tell people that I’m a trademark Attorney when

In October of 2009 Nissan introduced the Land Glider during the Tokyo Motor Show. A

A special packaging is often enables a manufacturer to distinguish himself from the competition. Most of the times, however, a shape cannot be registered as a trademark. The authorities usually

Often the question is asked whether words or images with a great societal significance, religiously or otherwise, can be registered as trademarks. Since there are no specific provisions

The law dictates that not any sign may be registered as a trademark. If a trademark purely describes the product it is applied for the authorities will refuse to register

Language continually develops. Due to the rise in social media symbols and numbers have gotten a new meaning. Abbreviations such as 4U (for you), 2day (today), and CU (see you)

In clothing and fashion accessories logos play an important role. Consumers often recognize product snot only by their name, but also by their labels. The visual element is therefore extremely

Big sporting events are always a good venue for predatory forms

The famous British reggae/pop group UB40 was founded in 1978 by a few unemployed friends. In 2008 lead singer Ali Campbell and Mickey Virtue leave the band, after some disagreement

In many companies the corporate

In order to gain attention for your products with the general public it can be very attractive to align your

Ernest Evans, better known as the rocker Chubby Checker,

Nutella’s choco paste is world famous. It is being sold in over 190 countries and has a very distinctive packaging. Ferrero has registered the name NUTELLA, as well as

Christian Louboutin has caused a revival of the stiletto heel. His shoes are easily recognizable by its red sole (and the 500.- to 1,000.- Euro price tag). Because of its

Historical KWAK beer is served in a very special glass in a wooden glass holder. Brewery Bosteels has registered a line drawing of the glass in the holder as trademark.

Since 2011, the municipalities Anna Pavlovna, Niedorp, Wieringen and Wieringermeer merged into the new municipality “Hollands Kroon’. For the selection of six new employees the municipality wanted to use the

Haribo has been producing wine gums since 1967 in the shape of a bear. The sweets are sold under the brand GOLD BEARS in bags. The packaging contains a golden

When you mention Coca Cola the first thing people think of is soda with the characteristic red and white lay out. Coca Cola has decided to take an entirely different

A few years ago Jurjen Veldhoen starts a new, high fashion spectacles brand: JUP. Because the first sales were very positive our client decided to have his trademark protected as

Ever since 2008 a dispute has been running in Poland regarding the lanch and use of the Trademark COOLRIVER for eau de toilettes. Zino Davidoff objected against this trademark on

Red Bull protects, since the launch of its new energy drinks, its brand with tooth and nail. Legal Proceedings are started everywhere (with varying success) against energy drinks

Georgian Irakli Kiziriaartist introduced Louis Vuitton condoms on World Aids Day. The artist came up with this idea, because LVMH (Louis Vuitton’s parent company) supports various organizations in

Within a few years time VAKANTIEVEILINGEN.NL (vacation auctions.nl) became a leader in online auctions of vacations. In 2010 the site was named the most popular website in the

A restaurant in London has started selling ice cream made from breast milk, called Baby Gaga. Fifteen young mothers supplied their milk and received an unknown payment in

Deac sells CAFEMA coffee to companies in the Netherlands. COFFEMA produces coffee machines for the professional market. In order to protect its trademark rights COFFEMA seeks to register

Famous brands have a wider scope of protection. The European Court in the case of L’Oréal / Bellure decided that “It is no longer admissible to sail in

Red Pepper was a very well known advertising company in the Netherlands. Although bankrupt since 2008 its reputation has survived. To this day people associate the name

Back in the 1980’s Madonna scored a worldwide hit with her single “Material Girl”. In almost all English speaking countries, and in most non-English speaking countries, the single landed a

Slogans that are protected as a trademark are making a real comeback. Since the judgment of the European Court in VORSPRUNG DURCH TECHNIK, proprietors are readily and successfully invoking their

Red Bull and The Bulldog have been entangled in a legal battle over the use of the name THE BULLDOG for an energy drink since 2003. In 2007 the District

For many years now the BURBERRY pattern has been a familiar sight in the fashion industry. Because the pattern is very distinct and recognizable, Burberry has been able to register

of her beer bottles. Even those who may not be a fan of beer, however, would quicky note that the bottle is composed of a number of elements that can

Since 1996 Italian Giampietro Torresan has produced CANNABIS beer. In 2003 the trademark obtained European protection. German beer manufacturer THE CANNABIS CLUB SUD started a cancellation procedure as a response.

Over the past few years Heineken has bought many small breweries in Switzerland. Quite to the dissatisfaction of some Swiss. An action group, comprised of multiple small breweries decided to

Since 1994 ‘Scotch & Soda Polska’ had been the exclusive Polish distributer of clothing company Scotch & Soda BV from the Netherlands. In 1998 POLSKA decided, in an effort to

In the Benelux holders of earlier trademark rights have the ability to prevent the registration of a new trademark application, though an opposition procedure. Lollipops SA, known for her handbags,

In Leiden, where we are located, a number of volunteers used to organize an evening at their club aimed at maximal coziness. Having a nice drink together in their newly

Often a logo acts as a powerful and distinctive sign. In clothing the consumer will readily recognize which logo belongs to which manufacturer. In order to act against an infringement

In choosing a new name it is advisable to chose a fantasy name. Marketing specialists, however, will often advise to chose a descriptive name. The disadvantage of a descriptive name

Kipling has registered her device as a European Community trademark. The device has a prominent place on all of Kipling’s products. Because of this Kipling’s bags are easily identified. Upon

The holder of the well-known CAMEL figurative mark did not succeed in preventing the registration of the CAMELO figurative mark.
The new packaging for CAMELO is used for coffee. In

Stylelimousines built an extended Ferrari-Limousine, using an existing Ferrari ensuring they now own the fastest Ferrari limousine for rental.
When Stylelimousines starts renting out the new car, they receive a

Since two years, Dutch legislation has to comply with the new European rules on enforcement of IP rights. As a result, a new procedure has been introduced in the Benelux.