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CLASS 46


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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Anthonia Ghalamkarizadeh
Birgit Clark
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Yvonne Onomor
WEDNESDAY, 27 AUGUST 2008
Germany: "Heidi Klum" v "Castle Klumm"

German tabloid Bild, Swiss website 20minuten and Austrian newssite Seitenblicke all recently reported the following peculiar story from the world of fashion. An antiquary from the German city of Tübingen offered to sell an antique steel engraving depicting an old castle "Klumm" via online auctionhouse ebay.

Unfortunately, the offer in question mispelled the name "Klumm" with just one m ("Klum") as opposed to two; however a photo of the engraving with the correct spelling "Klumm" was also displayed. According to Bild, this matter came to the attention of supermodel Heidi Klum, who was not impressed and viewed the matter as an infringement of her trade mark rights for the brand "Heidi Klum". Bild adds that Heidi Klum does not want her name to be used for an old castle. As a consequence the item in question "Stahlstich Veste Klumm (Klum)" had to be taken off ebay's website. The startled antiquar ("Is this a joke?") was allegedly even threatened with the closure of his ebay account. A spokesperson for ebay was quoted by Swiss website 20minuten as saying that ebay did not check every possible trade mark infringement but leaves such checks to the respective trade mark owners, in this case Ms. Klum.

According to Bild, the antiquar could not understand how anyone could confuse Ms. Klum with an old castle.

PS: Please note that the image displayed shows a random "Veste Klumm" offer on ebay.

Posted by: Birgit Clark @ 08.58
Tags: German trade marks, heidi klum, trade mark dispute, veste klum,
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