Court disagrees. Puma has been using the strip on its shoes since 1960. Significant advertising costs have been made to promote the trademark to the public. As a result of this long and intensive use, the formstrip has even become a well-known trademark.
The design on Monshoe’s shoes bears high similarity to this brand and is used for the same goods. By mimicking this, Monshoe benefits from the reputation of the formstrip.
There is also a risk of dilution of the brand’s reputation. The Puma formstrip becomes commonplace when a similar design is used by others. This is detrimental to the distinctive character and reputation of the formstrip trademark. As a result a ban is issued, damages awarded, a recall of sold goods and rectification. (Source image: Abcor)
