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LACOSTE vs. Crocodile

When a brand is launched worldwide, problems often arise. Sometimes, similar brands have already been registered on the other side of the world. Since it is not appealing to use different brand names in various countries, both parties often decide that the brands can coexist under certain conditions. It is therefore essential to carefully consider what should be included in the agreement and to take future developments into account.

Since 1927, Lacoste has used the logo of an embroidered crocodile along with the name Lacoste, which it has registered in many countries. The Singaporean company Crocodile also uses a crocodile in its logo, which is registered in several countries, including India. After a series of legal battles (in Singapore and Japan), both companies decided to settle. They signed a coexistence agreement, stating that both brands could exist alongside each other and halting any further legal disputes. Such agreements are common in trademark disputes.

Years later, when Crocodile sought to protect its new logo in India, Lacoste objected. The ruling stated that while Crocodile held an older trademark in India, this did not extend to all possible variations, including the new logo.

Lacoste won the case, as it had registered the crocodile symbol (without the word Lacoste) earlier. The coexistence agreement applied to several countries, but India wasn’t explicitly included. This case highlights the importance of securing protection for the symbols used in branding. When drafting coexistence agreements, businesses should not only consider the current situation but also anticipate potential future changes.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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