Jeans Centre takes the matter to court and the judge confirms that the prints of H&M are an infringement of the CHIEF trademark. The word CHIEF is dominant and attracts the most attention of the consumer because of it´s positioning above the face of the Indian. The consumer might recognize the word CHIEF as a trademark and confuse it with the sweater of Jeans Centre.
It is remarkable that in this judgment no word is written about the question, if this actually is trademark use, or rather mere design. This aspect is rather important, in my opinion, when judging if the consumer can be confused, or not. Many times, parties present marketing researches in such cases to proof their claim. Because H&M continued selling after being summoned by Jeans Centre, these sales have been in bad faith. In an additional hearing the amount of the damage is to be established.
