The court agrees with Hema. The clothes display various animals. With children’s clothing it is not unusual to see printed animal figures. Consequence: the public does not see the pattern of crocodiles as a trademark. This is purely decorative use (and no coat tail riding). Lacoste submits a market research, but that does not hold in court either, as the form the questions are formulated is guiding. The claim is completely rejected. Conclusion: the use of different animals as a pattern is not easily seen as trademark use of someone else’s logo. (Source: rechspraak.nl – decision)
