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These vagabonds are for real: Circus Herman Renz
On July 19, 2011 (the decision was not published until December 30, 2011) the Presiding Judge of the District Court Middelburg (H.A. Witsiers) passed judgment in a trade name / trade mark dispute between the Dutch National Circus Herman Renz B.V. (hereinafter ‘Circus Herman Renz’) and Circus Renz International/Circus Franz Renz (hereinafter ‘Circus Franz Renz’). Both parties claimed to have the oldest right to the name ‘Renz’ and that they therefore could present themselves as ‘Renz’ or ‘Circus Renz’.
First a historical note. Circus Herman Renz roots go back to 1911 when Arnoldus van der Vegt decided to start a circus. In 1923 ‘Pappa Renz’ had to fight for his right to use the name ‘Renz’, because the name was also famous and used by other circus, especially in Germany and Austria. In a court case ‘Pappa Renz’ convinced the judges that he was entitled to use ‘Renz’ (written as ‘R.E.N.Z.’), because that was only an abbreviation of ‘Ras Echte Nederlandse Zwervers’ (‘True Born Dutch Vagabonds’). And he won! On its website Circus Renz comments on this case as follows (translated freely): ‘The judges found this hilariously and grandpa Van der Vegt won his case. Thereafter the name Renz would never disappear from the Netherlands’.
Circus Herman Renz ‘registered’ the trade name ‘Nederlands Nationaal Circus Herman Renz’ in the register of the Chamber of Commerce in 1973. On September 27, 1996 Circus Herman Renz also registered this trade name as a Benelux trademark. Defendant Circus Franz Renz registered the trade names ‘Circus Renz International’ and ‘Circus Franz Renz’ in the register of the Chamber of Commerce on February 11, 2011. In order to prove their case, both parties go back in time until 1911/1923 and even1842. However, the Presiding Judge decides that these summary proceedings are not fit for such a thorough investigation. According to the Presiding Judge, with the 1973 entry in the register of the Chamber of Commerce it has – in summary proceedings – sufficiently been proven that Circus Herman Renz is entitled to use its trade nameThe Presiding Judge considers that since the business of the parties is the same and both circus at times operate simultaneously in The Netherlands, there is a likelihood of confusion since the names of the circus are identical or very similar.
The claim of Circus Herman Renz however, is not to get an injunction for using ‘Renz’ but to order Circus Franz Renz to not present itself differently than ‘Circus Renz International’ and/or ‘Circus Franz Renz’, so that there will be a clear difference between the names of the two circus. The Presiding Judge rules that the claim of the plaintiff takes into account the mutual interests and backgrounds of the circus and the additions to the trade names of Circus Franz Renz are, given the circumstances, reasonable demands of Circus Herman Renz. The claim of Circus Herman Renz is granted by the Presiding Judge, the defendant will be prohibited to display itself differently than ‘Circus Renz International’ and/or ‘Circus Franz Renz’ on – amongst other things - cars, trucks, circus tents and posters.
(co-written by Neeltje van der Veeken, Banning Advocaten)
Posted by: Gino Van Roeyen @ 10.16Tags: Renz, Circus, trade name, trade mark, Netherlands,
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21 October 2012 @ 01.59
I would like to take the opertunity to comment on this bogus story about my great grandfather Arnold van der Vegt. =========================================================== "Circus Herman Renz roots go back to 1911 when Arnoldus van der Vegt decided to start a circus. In 1923 ‘Pappa Renz’ had to fight for his right to use the name ‘Renz’, because the name was also famous and used by other circus, especially in Germany and Austria. In a court case ‘Pappa Renz’ convinced the judges that he was entitled to use ‘Renz’ (written as ‘R.E.N.Z.’), because that was only an abbreviation of ‘Ras Echte Nederlandse Zwervers’ (‘True Born Dutch Vagabonds’). And he won! On its website Circus Renz comments on this case as follows (translated freely): ‘The judges found this hilariously and grandpa Van der Vegt won his case." =========================================================== First of all my greatgrandfather never started a circus in 1911 neighter did he have to fight for the right to use the name Renz as there never was a court case simply becouse it never happened this again is just a figment of someones imagination also Renz never was written as R.E.N.Z. and it also doesnt mean "Ras Echte Nederlandse Zwervers" (‘True Born Dutch Vagabonds’) this has always been a joke and nothing more than that if someone asked my greatgrandfather Arnold, what does Renz mean he used this intended as a joke. and again there never was a court case so how could the judges find it hilarious? and how could my greatgrandfather win a case if there never was a case to begin with and may i add that my greatgrandfather's Circus Renz seized to exist in 1949 all materials where stored until 1959 when it was incorporated into the in 1959 founded Circus Arena. With Regards Paul van der Vegt Jr.
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