In response, the international fast-food franchiser launches a cancellation action against the Benelux trademark for lack of genuine use in commerce. Their stance: trademark rights can only be maintained if there is more than one outlet, one local diner is not enough.
Court disagrees. Many neighborhood diners exist in the Netherlands. This local diner has an acceptable turnover, its name and logo are featured on the store front, packaging, take-away bags, cash register receipts and for sponsoring and advertising. The use of the trademark is therefore not symbolic and will retain its protection. The foreign fast-food chain is banned from using their brand name in the Benelux.
A logical outcome in itself but it remains surprising that the American Wendy’s chose this approach. If they had sought an amicable approach, it would have probably been settled immediately. The American company may continue to use its name for the corporate holding in Amsterdam. Corporate holding services are not similar to the services of a diner. There’s no infringement.
