Before the Hanseatic Higher Regional Court on 09/08/2010 is a dispute (5 84/10 W) was chosen, which shows once again that you should not decorate with borrowed plumes.
The defendant drove egg cup with the funny expression "eiPott. The applicant found the not so funny because it holds the Community word mark "IPOD" is. were protected with this stamp, "Apparatus and containers for household and kitchen". the products of the applicant, the known products include iPod, iPhone, iPad. The applicant requested an injunction against the defendant to cease - shortened words - use the label "eiPott" for the identification of egg cups. The Hamburg Higher Regional Court stated in its preamble (quoted in part) that:
"The defendant used the mark" eiPott "labeling standard for egg cup. It is an artificial word created from the words "egg" and "pot" - North German for pot - which is unusual for egg cup in the German language. ... Between the IPOD mark and the sign "eiPott" While there is no similarity of visual or conceptual level, but identity and aurally. ... True, the district court is assumed that it is the IPOD is a trademark in the Community (ie EU, the author) is well-known brand. This is at least for music players with all probability the case. ... The defendants use a phonetically identical marks that mark for a non-similar Goods, namely egg cup. "Also goes on the logical, used the defendant" by the obvious analogy of the products of the applicant, the distinctive character of the known community trademark of the applicant. "This was a regular illicit behavior. Nor is it by the artistic freedom justified the character.. (ie: "eiPott", the author) is based largely on the fact that the English pronunciation of "i" of the German brands iPod in a term with the prefix "ei" arises in Moreover, it resort to the term used in Northern Germany "pot" for pot and take advantage of the fact that in the German language two nouns - here "ei" and "pot" - can be virtually connected with each other. This is - as stated - a quite funny idea and you have to first come out, the Higher Regional Court of Hamburg.. But it said no but then a humorous or parodic engagement with the applicant and its products and put down on the exploitation of sound identity, so that the applicant had the property right to the trademark priority. Therefore, the defendant was prohibited from 'eiPott "the sign to an egg cup to use. (Copyright ago)
0 comments:
Post a Comment