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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  TUESDAY, 20 MAY 2008
Germany: "StudiVZ" versus "MatheVZ"

German news site "Der Spiegel" reports that German social networking giant "StudiVZ" threatens a small mathematics portal called "MatheVZ" with legal steps citing trade mark infringement, should "MatheVZ" not change its name, re-design its internet presence and transfer all its domains to "StudiVZ".

"StudiVZ" filed for trade mark protection in 2006 and is well known in Germany for its aggressive brand protection having recently won trade mark infringement lawsuits against several online communities that used the element "VZ" in their respective names. Examples include "DogVZ" and "FussballerVZ", which both had to change their names. "StudiVZ" appears to stand for "Studi-" or "Studentenverzeichnis", which is German for student directory or student index. "Studi" being short for "Student". "Verzeichnis" is the German word for directory or index (="VZ"?!).
It is a David v Goliath situation. "StudiVZ" has 7.5 million members, is owned by Holtzbrinck-Konzern, which has over 15000 employess and in 2006 had a turnover of 2.24 million Euros. Hotlzbrinck-Konzern also owns "SchülerVZ". "StudiVZ" and "SchülerVZ" are extremely successful online communities for students and school pupils respectively, in many ways similar to "facebook". "MatheVZ" on the other hand is a small mathematics project, run by two university students. "MatheVZ" has six students working for the site on a part-time basis and has a 0 Euro turnover. "MatheVZ" offers downloadable mathematic tests, solution and training materials for school tests.

Whether "StudiVZ" will also be successful against "MatheVZ" is to be seen, as the case is not as clear cut as some of the other "VZ" cases: "MatheVZ" registered its trade mark at the German patent and trade mark office in 2007 and offers services that are arguably different to those of an online community being an internet portal focusing on the school subject mathematics.

Class 46 comment: One of the decisive points will obviously be how the relevant German consumers interpret the term "VZ" and whether the relevant consumer group would confuse the services offered by "MatheVZ" with the services offered by "StudiVZ" and think that both services share the same trade origin. Being a native German myself but having lived abroad for several years, I have to admit that I had to check StudiVZ's German website to find out what "VZ" actually stands for...

Posted by: Birgit Clark @ 05.57 
Tags: German trade marks, studivz, trade mark infringement,

 

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The Class 46 archive


+ 2013
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- 2008
     + December (66)
     + November (60)
     + October (72)
     + September (86)
     + August (48)
     + July (57)
     + June (64)
     - May (68)
ECJ and CFI action next week
Swiss consumers can't be expected to know much about mallows
Commission names HARVERI in health and safety opinion
Freitag: bags with a message!
DPMA: Annual Report 2007 now available
Poland: E-filing for trade marks applications
When eight years' inactivity by TM owner may be disregarded
Poland: Primus Inter Pares
The cost of victory ... nearly
UK: 'Consumer Protection from Unfair Trading Regulations 2008' now in force
Spain: Alberto Casado named Director of the OEPM
InBev mulls BUD bid
Some ECTA publications
Latest Court of First Instance decisions
Friday fun
Spain – MARQUES organizes the “First Meeting with the Spanish Judges of the Community Trade Mark Courts”.
ICANN formalises relationship with ccTLD Manager for Iceland
ECJ (finally) queried on trade marks use and sponsored links
Latest Alicante News now published
The IPKAT's "Knut Kompetition"
Microsoft demands verb "msn-ing" to be erased from Dutch dictionary
Brands Out of the Box
Finland: Trade Mark Statistics
OHIM: 3rd annual User Satisfaction Survey - full report now available
Germany: "StudiVZ" versus "MatheVZ"
"Gay friendly" brands
EU Statistics on customs seizures of counterfeit goods
Brand promotion in 'Iron Man'
Finland: "List of Trade marks with a Reputation"
UKIPO: Re-design of TM7 form
Louis Vuitton sues Danish artist over trade mark infringing t-shirt
Portugal: 30% increase in trade mark applications
UKIPO: New National Offices website for INTA
ICC IP tool-kit for chambers of commerce
Latest ACG Newsletter and eBay
UKIPO: "Image Guidelines" for TM3 e-filing
Green around the gills, but oysters are fattened up for PGI status
Poland: one beer for Euro 2012
DPMA's stand at INTA next week
WIPO nominates candidate for new Director General
"Agricultural" salt, and cotton, now fit for GI protection
Portugal: Online searches available in English at INPI Portal
Olympic poems in Finland
"The UK’s most valuable retail brands 2007"
IPO to open in Montenegro: will it be this month?
DPMA: opposition against international trade marks designating the European Community
EFTA Court asked to rule on international exhaustion
Poland: No risk of confusion between Chanel and Chantal
Yesterday in Luxembourg
Radicchio di Verona PGI application
OHIM: Overview of Boards of Appeal decisions of 2007
Spain - Cybersquatting, freedom of expression and drought.
Aceite de La Alcarria to be a PDO
Million .pl domains
MSNLOCK locked by MSN
Reverie and Revert "similar", says the CFI
Gorgonzola applies to modify PDO spec
European Commission conference on counterfeiting and piracy
Two announcements
Forthcoming ruling
Sunrise over Montenegro
OHIM: Service Charter for 2008 and "delays in public inspection requests"
Poland: still problems with OSCYPEK
Bundesgerichtshof: Trade mark infringement and Internet auction platforms
Token use may not be evidence of genuine use, rules CFI
Lesbians go to court to prevent use of the word "lesbian"
Spain – Court injunction blocks access to a fakes’ trading website.
Croatian trade mark application certificates
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