Puma sees in the a company that shows the word “poodle” and the outline of a jumping poodle logo, violated its trademark rights. (Photo: AP)
Karlsruhe The Hamburg-based designer Thomas Horn has no fear of big Name: He brought a poodle on T-Shirts, who looks like the logo of the sporting goods company Puma, and so pulled his wrath. The company in Herzogenaurach sits down on Thursday before the Bundesgerichtshof by: Horn may after a judgment of the Federal High Court not be registered as its own brand poodle. Here the ownership of the trademark owner established weigh more than the freedom of art.
“We will not accept us,” says the 62-year-old horn after the verdict of the German Press Agency. “We go to the Federal Constitutional Court or the Court of Justice.” He could not understand that an artist for his work could not just get a brand protection as a large company
“Mental shortcut” to the Puma logo obvious
There stand the defendant is free to use his design as an artist in publishing, as in a satirical magazine, says the head of the Puma brand department, Neil Narriman. If more T-Shirts will be sold with this logo, Puma will take action for trademark infringement against it.
letters and font of Puma and Poodles are identical, analyzed the presiding judge Wolfgang Buescher in the transaction. The posture of the jumping animals agree. “The silhouette of jumping Pumas has significant differences to the silhouette of jumping in similar direction poodle on”. Nevertheless, it was obvious to consumers, establish a “mental link” with the Puma logo
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Horns lawyer Axel Rinkler acknowledges the a: “. It’s just part of a pastiche that is reminiscent of an existing work” The T-shirts with the jumping poodles rose up the same way about a model funny as a comedian says Rinkler and asks if it the case for “a kind of parody ban” go.
The controversy over the colors
In other stored is the dispute between the Beiersdorf Group with its Nivea-color flag blue and the competitor Unilever, has reached with regard to its Dove products that we delete this color mark. Federal High Court Büscher raises the question of whether the German Federal Patent Court had not applied to strict standards in its judgment of 2013.
“The Supreme Court has recently color brand strengthened,” said the brand lawyer George Jacobs of the Hamburg law firm Heuking overlooking a Supreme Court ruling of October 2014 in favor of the dictionary publisher Langenscheidt and his trademark yellow color. “But the legal assessment is still in flux. This is a tentative process, every judgment is another piece of the puzzle for the big picture “
Topic:. Top News Company
At the beginning the trial judge appears Büscher but also sought to dampen expectations of trademark rights activists that the Supreme Court could confirm the validity of a color mark in a short time for the second time. “The Senate believes that abstract colors generally lack the necessary distinctive character,” says Büscher. And given the limited availability of colors should also find the interests of other market participants are observed. The judge also suggests that color marks could be recognized rather narrowly defined markets than for broad product groups such as the Health and beauty care.
decision on July 9
The scope of color marks should be defined narrowly, the requirements for this should be very high, also says the Markenrechtler Carsten Albrecht from the office FPS in Hamburg, who represented a competitor in the dispute over the yellow Langenscheidt color. “In my opinion, come the interests of other market participants and the general public in the recognition of color marks too short. This will quickly lead to an exaggerated monopolization of color. “
The decision to blue color brand will announce the Supreme Court only on 9 July. Meanwhile, it should also be a decision for the color red mark in the wrangling between the German Savings Banks and Giro Association (DSGV) and the Spanish bank Santander has given the Federal Patent Court, the parties to Easter time for comparison. If no agreement can be reached, the court will announce a decision
Topic:. Fashion and clothing
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