Now in its twelfth 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.
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Jack Wolfskin gets some heat in Germany
Jack Wolfskin is getting some flak in Germany for aggressively enforcing its trade mark rights in the "paw" sign. It sends cease and desist letters to peple offering handicrafts with paw designs - designs that arguably do not lead to confusion with the well-known Jack Wolfskin sign (see left for an actual example).
Under German law, infringers have to pay the trade mark owners attorney's cost for the cease and desist letter, even when they immediately comply with the request. Jack Wolfskin asks for about EUR 1,000 per letter. Unsurprisingly, many people find this outrageous, because not even in Germany you make a lot of money by offering handicrafts for sale.
Jack Wolfskin argues that the designs are a clear violation of its trade mark rights, and that it only goes after designs that are offered commercially.
Posted by: Mark Schweizer @ 09.49Tags: germany,
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