Kruidvat wants to keep selling the mentioned products and initiates a lawsuit. Their main argument is that the word SPA refers to a wellnesscentre, which is the place where the products are being used. It is therefore descriptive and should be available to be used by everybody. The judge does not agree. SPA might be descriptive for a wellness centre, but not for cosmetics and care products. Because of the prominent place (due to the use of colors and formats) of the word SPA in the Kruidvat trademarks, consumers might link them to the well-known SPA trademark. Conclusion: infringement. The trademark SPA SECRETS is invalid and the products may no longer be sold, with a € 250 penalty for each infraction.
