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.

'They say that Duvel is named after the Devil, but drink and you will see God'. Duvel is a strong, blonde Belgian beer with a firm head and a fresh citrus flavour. It is brewed by Brouwerij Duvel Moortgat, a Belgian family brewery founded in 1871. Duvel has remained unchanged since 1923. The brewery has built a solid reputation and now exports its products to 72 countries.

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.

Companies come up with original names, beautiful logos, and of course original, eye-catching designs to distinguish themselves. As the saying goes: if you want to attract attention, you will have to stand out from the crowd. Also, an attractive design will lead to more customers.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.

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.