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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Germany: Nuremberg zoo wins FLOCKE trade mark dispute
In short: in its decision of today's date the Nuremberg court (Landgericht Nürnberg-Fürth) confirmed its preliminary injunction and ruled that the sweets manufacturer, Fair Field, had applied for the Flocke trade mark in a purely "speculative manner", pre-empting an application by the city of Nuremberg, where Flocke was born in the city zoo. The court viewed the application as an attempt to profit from the publicity surrounding the polar bear cub. The court further specified the goods covered by the zoo's earlier trade mark rights. These include games and toys, travel services, pre-recorded image and sound carriers but also goods of every day use such as plates, cups, t-shirts, cosmetics and food stuffs.
A spokesperson for the city of Nuremberg was quoted a saying that the city was very happy with the decision and feels their position has been strengthened. The city intends to market "Flocke" in a sustainable way and in a way suitable for the zoo and the city.
A press release issued today by the Stadt Nürnberg can be retrieved here [in German].
Class 46 comment: Almost certainly to be continued....
Tags: Flocke, German brands, Polar cubs,
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