EU: Brands risk losing trademark on promo products
The European Court of Justice (ECJ) has ruled that clothing companies cannot automatically gain trademark rights to non-clothing products they give away free to promote their wares.
The precedent-making decision comes in a case involving Austrian clothing company Maselli-Strickmode GmbH, which claimed it had secured additional trademark rights for free gifts (a non alcoholic-drink) branded with its established Wellness clothing mark.
This was challenged by drinks manufacturer Silberquelle, which claimed Maselli had not used the Wellness mark for drinks, because it had not actually sold this type of product. Hence, Maselli had no trademark rights for Wellness regarding drinks and similar products.
ECJ judges backed the drinks maker. They ruled: "Where the proprietor of a mark affixes that mark to items it gives…to purchasers of its goods, it does not make genuine use of that mark in respect of… those items."
The ruling could be used in other cases where clothing companies give away branded free gifts.
By Keith Nuthall.
Despite still being engulfed in a political crisis three weeks after the Honduran president was forced into exile, business in the fourth largest apparel supplier to the US market has largely continue...
Two new textile trade bills currently making their way through the US legislature claim to promote economic and political stability in some of the world's poorest countries. But Mike Flanagan believes...
India's budget has received a mixed response from the country's textile and clothing industry, with measures to boost the export-oriented sector largely welcomed as a step in the right direction, but ...
Slowing demand from overseas markets has led to an 8.3% drop in China's textile and clothing exports during the first half of 2009, the latest data shows....
Luxury retailers are being forced to readjust their business models in the midst of the global crisis, a new report has found, with the luxury retail sector likely to emerge from the recession in a ra...
Export data released by Sri Lanka Customs this week shows that the country's garment exports dipped sharply in the month of May....
The Spanish government will have to repay EUR113.4m (US$158m) in European Union (EU) flax production subsidies which the European Commission has claimed were distributed without proper financial contr...
India's textiles minister Dayanidhi Maran has outlined in more detail his plans to help the country's textile industry, setting out a 100-day agenda for the sector....
- Steps to piloting living wage in garment factories
- How to ensure sustainability is more than a slogan
- US apparel retailers' November 2016 sales roundup
- Why do modern robotics elude sportswear makers?
- Software for financial planning and operations
- Esquel efficiency drive continues to boost brands
- US Q3 in brief – Oxford Industries, Genesco
- Myanmar garment industry "lacking labour rights"
- Taiwan textile maker investing in first US plant
- Outdoor apparel sector set for double-digit growth