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
Marihuana in slang: an interesting trademark rejection
American slang for cannabis started to become popular in the 1950s. Mary Jane, phonetically similar to the Mexican term marijuana, became commonly used in US jazz and hippie circles, as illustrated in the Rick James song quoted above. The term has since become established as an informal name for cannabis.
And it was all yellow - FrieslandCampina successfully invokes yellow color trademark
The chocolate drink brand CHOCOMEL (in Belgium: Cécémel) is still largely popular in the Benelux countries. The CHOCOMEL products are available in the Benelux since 1932 and according to FrieslandCampina, the colour yellow (PMS 116U) has been consistently used on its products and in advertisements since.
Is Baklouce the new Crompouce®?
Last year, the Crompouce® croissant made headlines in the Netherlands. This cross between a tompouce (a sort of Dutch mille-feuille) and a croissant was such a hit with consumers that many bakeries expanded their range to include the pink delicacy. Media interest intensified when it appeared that Crompouce® is actually a registered trademark that no one else is allowed to use.
Build Your …
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.
How Ferrari protects its luxury image
Luxury brands rely upon exclusivity and a sense of superiority. Buyers of a luxury product invest not only in a product but also in the status and prestige associated with a particular brand. Obviously, image protection is of the utmost importance for luxury brands, prompting them to go to great lengths to defend their intellectual property rights. That is not all, however, as potential buyers must also comply with the brand’s rules of conduct.
UNHAPPY SMILEY
Did you know that the word SMILEY is a trademark, as well as the Smiley emoticon? These cheerful trademarks were registered by The Smiley Company, a company that issues licenses for the Smiley trademark for a wide range of products including shirts, shoes and food, illustrating that licensing can serve as a revenue model.
Me Tarzan! Me also trademark?
Practically everyone has heard of Tarzan, the fictional hero who was raised by apes in Africa. A British company, JT Agro applied to use ‘Tarzan’ as a trademark for medical aids and nutritional supplements. Edgar Rice Burroughs Inc., the company behind the writer of Tarzan, filed an opposition against this application. But, is Tarzan, a fictional character, a trademark?
Disney’s need for vigilance
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 vs. Coinbase
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.
Max Verstappen is well known as a person - not as a brand
Our Dutch pride, Max Verstappen, is again leading the ranks in Formula 1. In a recent opposition decision case, the Benelux Trademarks Office saw Max Verstappen challenge the displayed SUPER MAX logo based on his trademarks for MAX and MAXVERSTAPPEN. He also invoked the well-known status of MAX VERSTAPPEN as a trademark.
Make my TRUMP trademark famous again
Trump and lawsuits, that combination is not entirely surprising. What's new, however, is that Trump is now embroiled in legal battles in Europe over his brand, TRUMP.
The 'Trump' brand includes luxury hotels, residential towers, and golf courses in various major cities around the world, with operations in Europe specifically in Ireland and the United Kingdom. DTTM Operations LLC is the entity responsible for managing and protecting the Trump brand, including its intellectual property.
Tokyo Go-kart
Who didn’t grow up with Mario, Nintendo’s world-famous video game character? Most likely, you are also familiar with Mario Kart, the racing game spin-off. What if you could race through Tokyo in a real-life Mario Kart, dressed as Mario, Toad or Luigi? Up until 2020, this was a possibility, as a range of providers operated authentic-looking Mario Karts.
Confusing airplane tails - the sequel
The new branding of airline company Lufthansa meant a switch from the familiar yellow-blue to white-blue. This new corporate identity was not welcomed by everyone with enthusiasm. According to the Polish airline LOT there is a risk of confusion with its white-blue logo and aircraft tail. The European Trademarks Office disagreed and ruled that there is only a conceptual similarity, which is insufficient to assume likelihood of confusion. The opposition from the Polish airline was rejected. You can find more information about this in our earlier blog post: A Tale of Two Tails.
Guidance on the assessment of bad faith in trademark applications
While EU trademark law lacks a precise definition of bad faith, recent case law from the European Court of Justice clarified the interpretation. Aiming for consistency across Europe, a new common approach for IP Offices of EU Member States is introduced to address bad faith in trademark applications: Convergence Program 13 or simply CP13.
Nature as a trademark owner
There is a current trend towards granting legal personality to nature. The idea is that this makes it possible to grant nature rights that can be explicitly taken into account when decisions are being made, or even enforced on nature’s behalf. This is already happening in Spain, where the Mar Menor lagoon has acquired legal personality. In the Netherlands, a politician has started lobbying to grant rights to Limburg’s hilly landscape.
Is a major Sato trademark conflict brewing in Japan?
A Japanese economist by the name of Yoshida recently published a calculation showing that subject to certain conditions and assumptions, everyone in Japan will have Sato as their last name by 2531. Why? Well, Japan is the only country in the world where spouses must have the same last name. Yoshida raised the issue − with success − to draw attention to what he considers to be an outdated law.
J’adore
Back in the day, trademark applications in bad faith used to be a common occurrence in China, but this amount seems to have declined by recent more stringent Chinese legislation. Western brands stood for quality and status, and what could be easier than copying such established trademarks? Although it was very clear that the parties weren’t the rightful owners of the copied trademark, this still often happened.
Rubettes’ Trademark Filed "with the Sole Intention to Ruin the Applicant's Existence"
Trademark cases can become deeply personal, and a recent Cancellation action before the European Union Intellectual Property Office (EUIPO) regarding the ‘Rubettes’ trademark is a striking example of this. The Rubettes are an English pop/glam rock band that achieved significant success with “Sugar Baby Love.” However, their history since then has been marked by conflicts within the band and legal battles. In 1999, Bill Hurd, one of the original founding members, established a separate band using the name “The Rubettes.” This led to litigation in the United Kingdom between him and Alan Williams (lead singer), which was settled in 2002.