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
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
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.
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.
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.
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.
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.
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.
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?
Lebara succeeds in invalidating Benelux color marks of Deutsche Telekom AG (T-Mobile)
T-Mobile has always been upfront about protecting its color trademarks. One of its trademarks specifies one specific magenta shade. The company acted quite fiercely against attempts to infringe on its color mark in the past, not only in Benelux countries but also in other countries.
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.
The Olympic Games in Paris
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 devilishly good beer
'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.
The battle of the bastards
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.
The Design Force Awakens
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.
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.