Brands in court: Supreme Court has Poodle in their place – FAZ – Frankfurter Allgemeine Zeitung

      

 
 
 
 
 
     
 
 
 
 
 
 
 
 
         

 
 
 
 
 
          Beiersdorf fighting for the level-Blue
     

 
                                              

 
 
     
     
     
         
         
                                                             

In a balance between artistic freedom and trademark protection, the Bundesgerichtshof has strengthened the property rights of established trademark owners. The First Civil Division of the Court confirmed on Thursday in a ruling by the Karlsruhe Higher Regional Court of Hamburg in March 2013 after which a designer may not be secure as its own brand a parody of the sports goods manufacturer Puma.

                         
         
         
                                                             
                                 

The defendant T-Shirt Designer Thomas Horn had abused his portrayal of a jumping poodle appreciation of well-known brand, said the presiding judge of the First Civil Division, Wolfgang Buescher, on Thursday in Karlsruhe. “This is fundamentally unfair.” The ownership of Puma are in this case outweighed the right to freedom of expression and art. Horn should therefore delete his poodle-mark, it could continue to use “witty parody of action brand” but. The value of the Puma brand is estimated at 1.1 billion euros.

                         
         
         
                                                             

In another BGH case concerned a complaint on Thursday at the Beiersdorf Group against the deletion of the Nivea brand color blue. The Federal Patent Court had 2013 off requests Unilever confirmed – among other things, on the grounds that at least 75 percent of the population would have to bring the dark blue color with the brand Nivea in conjunction. A survey determined but for these so-called traffic enforcement a value of only 57.9 percent.

                         
         
         
         
             
                                                                                              

Are distinctive colors? Try it yourself! Do you recognize which color is which company has picked out? Photogallery

                         
         
         
                                                             

“At my age, you know very well the blue tin of Nivea with white letters and white: This is a skin cream,” Buescher said. It is necessary to examine “whether the Federal Patent Court has not applied to strict standards”. Unilever sees the brand color for Beiersdorf discrimination of competition. “There are dozens of competitors that the color blue used in various combinations as part of their advertising campaign,” said Unilever lawyer Christian Rohnke. The company manufactures cosmetics of Dove ago, which also have a blue tint.

                         
         
         
                                                             

Beiersdorf lawyer Peter Baukelmann stressed the dark blue color was being used by the company not only decorative, but in the sense of an independent brand identity. Market researchers estimate the value of the brand Nivea to 2.5 billion euros. The Supreme Court continued its decision in this case on 9 July at.

                         
         
         
                                                                                                                                                                      

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It was only in October last year had the same Supreme Court Senate a complaint against the Langenscheidt Publishing for his Dictionaries registered trademark yellow color rejected. Not yet a final decision is a dispute between the German Savings Banks and Giro Association (DSGV) and the Spanish bank Santander to the color red brand: Here, the German Federal Patent Court gave the parties until Easter time for comparison. If no agreement can be reached, the court will announce a decision.

                                 

 
  

 
 
 
                       

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Nivea, Poodle and Puma

Brands court

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The judge at the Federal Court had moved to its current Maundy Thursday in two disputes deal with the Trademark Law: The color mark blue Nivea and a parody the sporting goods manufacturer Puma.

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