The Hermitage argued that the two trademarks could coexist perfectly well, since each of the companies are active in the visual arts in their own different ways.
Nevertheless, the case was settled just before the summary proceedings. The Belgian art magazine will continue under the new name GLEAN. Nothing may be disclosed about the agreement, but let it be clear: the Belgian party was probably paid particularly handsomely given their strong position. Not only are the characters very similar, the goods and services are similar.
The Hermitage has also taken over the rights to the older trademark. Smart, considering the many other registered HART marks in Class 41. A lesson for everyone though: avoid problems like this and conduct trademark research before launching a new trademark.
