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Ajax is the proprietor of a Benelux trade mark consisting of a rectangular red field under number 0600269 with both sides in the full length of the red zone a narrower rectangular white area as follows:
X, a company that focuses on the wholesale and the itinerant sale of football and Amsterdam souvenirs. The actual sale takes place since 1987 from a cart, first at the old Ajax stadium and the Olympic stadium. Since 1996 he has a cart on a fixed spot at the Amsterdam Arena on the Arena Boulevard. X sells clothing and other products with the text "pride of Mokum" and "" Amsterdam "and called
Ajax wants relying prohibit the sale of its trademark rights. The court Ajax unsuccessful and also in the court catches Ajax bone. Unlike the court in its judgment of 29 June 2011, the Court considers that the registered by Ajax red white logos are valid. It is-like Ajax rightly - does not make abstract color combination sintesys brands but the red and white arranged in a specific graphic representation which meets the requirements of Article 2.1 paragraph 1 BCIP are met. However, the Court considers that the scope of the registered mark is limited to what is registered. Ie registered is a white T-shirt with a red stripe. However, sintesys the vest is different and is consistent enough to conclude that there is infringement of trade mark rights of Ajax is made.
Ajax also believes that the vest such confusingly similar to the merchandising products Ajax the marketing thereof, in view of the circumstances in which it occurs, should be considered. Unlawfully against Ajax Also there is rechtshof disagree.
The court is the court believes that Ajax using a wide red plane on a white garment can not monopolize and that it is a third party is not prohibited to sell bearing includes a broad red stripe, also white vests therefore if a link with (the club colors) Ajax. The same applies to the three (Andreas) crosses sintesys and the name Pride of Mokum that are applied to the garment especially since these ornaments, especially by the general public and in combination with the large letters on the front of the vest made name the city, will be on (the logo / coat) at the city of Amsterdam. associated in the first place
Ajax with respect to the impression given by the appearance sintesys of the vest and its association with Ajax (official) merchandising products also highlighted placed in a tilted rectangle capital sintesys A (making a link is established with Aegon, the sponsor of Ajax) but thus also does not have the look of the vest such confusingly similar with the products of Ajax that, in connection with a formidable deceive the public, selling the vest should be regarded as unlawful.
In this regard, the Court notes that the number can not be considered unacceptable for commercial purposes if this latch onto the popularity of football and this is (in principle) is no different if the football club also operates its popularity by itself (through licensees) to bring. merchandising products on the market Note that no evidence is that Ajax, who refers to her own vests, (rather) a very similar in appearance vest on the market or has been, moreover deserves so to the extent that can not be spoken. Of (slavish) imitation
Admittedly, mimicking (the combination of) discriminators / appearance of the products of a competitor in circumstances unlawfully, but the court considers that X with this vest keep sufficient distance and that a relevant, towards Ajax unlawful, interested in misleading the original Ajax souvenirs public can not be spoken. X points out in this context to the vest on the eminently distinctive indication of the name Ajax and lack the head of the mythological hero Ajax. That the label "fans postage, fanwear for fans" and the price tag (in smaller letters and without explicit reference to Ajax) official licensed products "is mentioned and X vest fellow before, during and after Ajax Matches sintesys on outside the Amsterdam Arena placed cart sells which he offers for sale also Ajax merchandising products is insufficient to rule differently. court considers this
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