Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.

Blogs

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Is the Eiffel Tower a (land)mark?

If asked to name an iconic building in Paris, no doubt the Eiffel Tower comes to mind. There’s no doubt that the Eiffel Tower is a landmark – but is it also a trademark? This question arose when the city of Paris filed an application for a logo in the European Union for use on printed matter, clothing and for events.

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Chiquita’s blue and yellow oval logo declared invalid

Though in first instance the EUIPO accepted the oval shape with blue and yellow from Chiquita as a logo, Compagnie Financière de Participation challenged the validity of the mark. Compagnie argued that the logo lacked distinctive character, as oval labels and the color scheme are commonly used in the sector of bananas.

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Cocoaine – a name with a bitter aftertaste

‘Cocoaine’: a combination of cacao and the drug cocaine. Surely the applicant wanted to hint to the addictive and appealing properties of his product, but if in the eyes of the law it’s also a suitable name? The EUIPO made a decision. Is the name “Cocoaine” risking normalizing or maybe even glamorizing recreational drug use?

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El Pelusa turns prickly (2)

In our earlier blog we discussed the opposition between Maradona's former lawyer and a United Arab Emirates company. This company had filed a cartoonish image of Maradona in the European Union with his Italian nickname Dieguito above it. The opposition was based on the word mark MARADONA. It was interesting to hear how the European trademark office (EUIPO) would handle this opposition: is there use of MARADONA as a trademark, and if so, is only a conceptual similarity sufficient to assume confusion?

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The struggle for Ghibli

Studio Ghibli is often called the Japanese version of Disney. With exceptional craftsmanship, often still hand-drawn, animated films like My Neighbor Totoro and Spirited Away have become globally recognized and widely acclaimed. Spirited Away even won an Oscar for best animation film. Just like Disney, Studio Ghibli has its own shops and merchandising, also in countries outside Japan.

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IKEA’s logo proves crucial in infringement proceedings

Everyone knows the IKEA logo: an oval shape surrounding the letters "IKEA" and iconic blue and yellow colour scheme. In January 2024, a Chinese company from Shenzhen filed a trademark application for a logo that looked suspiciously similar to IKEA's. The only difference was that it featured the word ‘IKIKI’ rather than IKEA. Both words begin with IK, but the main similarity concerns the graphic elements, as anyone who sees the Chinese logo would automatically think of IKEA.

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Making off with the Lacoste trademark

Lacoste is a good example of a strong brand in terms of both its name and its logo. Founded by the French tennis player René Lacoste, the fashion house has become famous over the years for its iconic polo sweaters and sportswear. With these kinds of brands, you can be almost certain that trademark rights are well protected.

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The copycats: how animals use mimicry to survive

We often think that creativity is a purely human affair, but we are forgetting a very interesting group: animals. Animals also create. Take, for example, the pig nicknamed "Pigcasso," who shows a keen interest in painting, or research demonstrating that dolphins can invent games. Often, animal creativity and inventiveness arise from the need to solve a particular problem. This can include accessing food that is difficult to reach or, like the male bowerbird, crafting intricate structures to attract a mate

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Champagne: not just for drinking, now also for wearing!

Imagine: you buy a beautiful cream-colored coat and read "Champagne" as the color on the label. Sounds fine, right? Well, not for everyone. For the Comité Interprofessionnel du Vin de Champagne (CIVC), which represents over three thousand Champagne producers and all things sparkling and French, the use of the term Champagne on clothing labels was a step too far. They argued that the American fashion brand Cult Gaia, by using this term, was exploiting, diluting, and harming the reputation of the name Champagne

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Basic Frit: when a name sounds too good to be true

Imagine, just a week after opening a fry shop with a catchy name, you are forced to change its name. This happened to Belgian couple Diony Bickx and Sheila Vergauwen, who playfully named their shop "Basic Frit," a nod to the well-known fitness chain "Basic Fit." The name was meant to create a fun association with pushing oneself to the limit, which one does both in sports and the couple does in their business.

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Hyundai times three

You may be familiar with Hyundai as a car brand but did you know that there is also a Hyundai Technology, a Hyundai Motor Company and an HD Hyundai Co.? The first company is located in Puerto Rico, while the other two are South Korean. Hyundai Technology filed an opposition against an application for the wordmark ‘Hyundai’ for computer monitors and systems from the two South Korean companies on the grounds that its older European and German trademarks bear the same name. 

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 Golden oldies

Can anyone realistically claim exclusive trademark rights to a golden champagne bottle? After all, gold is often used to enhance a product's upscale image. However, conflicts do arise from time to time, as we recently saw in an interesting case before the European Trademarks Office. The case concerned a shape mark consisting of a golden bottle from Sensi Vigne & ViniS.r.l., an Italian wine and champagne producer.

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Passport denied because of Star Wars name

A peculiar case in the UK: a passport application of a seven-year-old boy was recently denied by the British authorities due to the boy’s middle name, 'Skywalker'. The reasoning for the denial: without Disney’s permission, this could potentially be a violation of trademark and copyright laws. Christian and Becky Mowbray decided to name their son Loki Skywalker because he was born on May 4th—a day celebrated by fans as Star Wars Day.

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Collaborating with a trademark can be a risky business – Feyenoord withdraws

The New York Times described Rotterdam as a prime city for investment and for good reason. The city’s strategic location alongside the river Maas makes it highly accessible and it is clear for all to see that Rotterdam, renowned for its daring architecture and vibrant cultural initiatives, is a booming city.

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Crocs, Inc. – you either hate them or you love them

Some people wear Crocs as a fashion statement in the city, while others wear them strictly in the privacy of their garden and hide them behind the door the minute they go back inside. The Crocs shoes below aren’t everyone’s thing. However, we are talking about Crocs here − aren’t we? Sufang Yan, a Slovakian company, registered the shoes shown above as a European design in 2022.

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Sneaky Sneakers

Converse All Stars sneakers are iconic. Who doesn’t own or has owned a pair of these classics? It is safe to assume that the trademark rights of the sneakers are well protected. So surely no one would even consider trying to copy them – or would they? 

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It’s a nice souvenir − but is it a trademark?

In many countries, summertime is time to get up and go to explore a fascinating foreign city or beautiful new landscape. Holidays are the perfect opportunity to discover other cultures and broaden our horizons. Many of us like to buy nice souvenirs to remind us of our holidays. Holiday souvenirs are a multi-billion dollar business: we are all familiar with fridge magnets, the endless array of tourist t-shirts and other popular knickknacks.

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