The court in The Hague has ruled that HEMA’s children’s underwear with crocodile images infringes Lacoste’s trademark. The ruling revolves around whether the images are seen as decoration or trademark use.
The Hague Court of Appeal has ruled that HEMA’s children’s underwear with crocodile images infringes Lacoste’s well-known crocodile figurative mark. This ruling revolves around whether the crocodile images are seen as decoration or trademark use.
From decoration to branding
Although the interim relief judge earlier ruled that the crocodile images on the underwear were purely decorative, the Court has come to a different conclusion. According to the Court, the public does not perceive the crocodiles as mere decoration, but as use of a trade mark in the course of trade.
Visual and conceptual conformity
The court further ruled that HEMA and Lacoste’s crocodiles are highly visually and conceptually similar. Since both signs are used for similar products – clothing and underwear – and Lacoste’s trade mark has a high scope of protection, the likelihood of consumer confusion is plausible.
An infringement ban for HEMA
Because of these similarities, the Court decided that the HEMA infringed Lacoste’s figurative mark. The Court of Appeal therefore imposed a ban on the HEMA from continuing to sell the underwear with crocodile images.
