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.

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?

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.

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.

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.

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

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

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. 

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.

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? 

The world's largest sporting event in one of the most beautiful cities in the world: a golden combination. Stunning sports venues located in historic places and visitors from all over the world made the event a unique experience. At Knijff, we also attended The Games. Naturally, we couldn't resist viewing the city through the lens of trademark law.

A Radler consisting of 50% beer and 50% cola may not sound particularly appetising, but apparently, there is a market for it. The catch name of BASTARD COLA probably helps. The German brewer of this product had registered the trademark in Germany, which was fortunate, because a Czech brewer recently applied for a European trademark for ‘Lucky Bastard - more than beer’, a beverage that is 100% beer.

Anyone following the European Football Championship in Germany has undoubtedly noticed the various Chinese sponsors of the event, such as Alipay, Aliexpress, and Vico. The largest Chinese sponsor is BYD (Build Your Dreams), a manufacturer of electric cars and batteries, which is currently vying with Tesla for the top spot in electric vehicle sales. In addition to featuring BYD on numerous billboards and other advertising spaces, a television ad campaign is scheduled around the broadcasts of the championship.

You would expect that no one considers using the brand name Disney, as it is such a well-known brand all over the world. Who doesn’t know Disney? And who doesn’t know that Disney closely protects its trademark rights? In reality, Disney still has to be vigilant: there are parties out there who try to lay claim to a name similar to Disney.

Coinbase is an established name in the world of crypto, as it is one of the largest crypto exchanges in the United States. Logically, you would expect only one party to claim the right to this name, but two parties are currently using it. It’s hardly surprising that they have been at loggerheads in EU courts for quite some time.

‘Johnny Johnny, Yes Papa’ is a familiar phenomenon to many people. This children’s song is about a little boy called Johnny, whose father catches him eating sugar, even though he is not allowed to. There are many different versions of the children’s song, each with a different theme.

When someone says ‘Doritos’, you automatically think of crunchy, cheesy nachos. How about a Doritos flavoured drink? Empirical, a spirits company, came up with the idea and did some experimentation. The result is a liqueur that smells and tastes exactly like nachos. It’s supposed to be delicious.

Wishing you happy holidays and an amazing 2024 from all of us at Knijff!