Mysteryland vs. Mysticland
Mysteryland is one of the oldest festivals in the Netherlands, boasting a rich history.
Known for its fairy-tale-like and colorful decor, the dance festival attracts visitors from around the world who come for its unique experience.
A significant source of income for festivals is merchandise—think of t-shirts featuring the year's edition, but also CDs, vinyl records (LPs), and other collectible items. When a similar brand with comparable merchandise enters the market, it can be quite frustrating.
Unfortunately, that's precisely what happened when a German company applied for the trademark MYSTICLAND in the EU, including products in Class 9 (like CDs). Mysteryland filed an opposition, arguing the risk of confusion: the figurative mark Mysticland could easily be mistaken for Mysteryland. The main reasons cited were the identical nature of products in Class 9 and the insufficient distinctiveness between the names MYSTICLAND and MYSTERYLAND.
The European trademark office agreed: visually, phonetically, and conceptually, the marks are too similar. Both consist of the format “Myst...land,” with similar lengths—10 letters versus 11. Although there are visual differences between the disputed mark and the established one, their impact is limited, making the overall resemblance above average.
With this ruling, Mysteryland firmly defends its territory. However, Mysticland did manage to successfully register its figurative mark in Class 28 (toys and games). This remains a concern for Mysteryland. Mysteryland could have also leveraged its reputation to challenge products in Class 28. Next to that, the German company previously registered a wordmark for Mysticland which even covered clothing, yet Mysteryland did not object. Why this happened remains a mystery…
The iconic Chanel No. 5 is one of the most famous perfumes in the world, created in 1921 by French fashion designer Coco Chanel. The design of the No. 5 bottle is as famous as the fragrance itself. It involves a clean, rectangular shape with simple typography that reflects Chanel’s minimalist and elegant style. At the top is the polygonal cap, inspired by the shape of the Place Vendôme. The shape has been registered as a trademark in France since 1989.
Because of the flasks’ alikeness, Chanel recently filed an opposition against CHAOS’ application, presenting two grounds. First, the risk of confusion that the CHAOS mark may cause. Second, the application would take unfair advantage of the reputation of the Chanel bottle and potentially damage the distinctiveness or reputation of the Chanel brand.
It will be interesting to see how the European trademark office handles this opposition. Is the shape of Chanel No. 5 so iconic that it makes the brands look and feel similar, and that the similarity will prevail, despite differences such as the name CHAOS on the design? We are betting on Chanel, but only time will tell, as the opposition proceedings have only just started. We will keep you posted!
Author: Erik Stegeman
Bio: Erik Stegeman is a trademark attorney and specialist in trademark protection for bands, DJs and artists. His client portfolio includes many famous DJ’s like Charlotte de Witte, Swedish House Maffia and Tiësto. He writes a lot about music trademark infringements. And if you are lucky, he will give you hints on the latest band and DJ’s.