Alavi’s Merc mark, opposed by Daimler Chrysler, 2002 RPC 42
Citation:Alavi’s Merc mark, opposed by Daimler Chrysler, 2002 RPC 42
Rule of thumb:Can websites/social media having mocking an established brand with a name & similar badge with only a similar first impression to the established brand be sued for trade mark infringement? As a general rule, no, however, if it is particularly then an exception may be made.
Judgment:
Sometimes if a brand name is particularly strong, and another organisation in another sector uses this in a way that could be deemed disparaging, then this can be an exception to the general rule of similar trade marks being allowed to be used provided that they are in other sectors of the economy. A website called Merc would not establish such a strong connection and it was not doing such disparaging work that it would actually harm Mercedes – the Court was not convinced by the reasoning of this, ‘... it must be shown that there is established in the mind of the relevant public a connection between the mark with which they are familiar and the disparaging use... it is not sufficient to see the word MERC ... see the disagreeable website and register it as disagreeable... if nothing actually rubs off on... Mercedes... I was not satisfied that this was the case here...’ at 842
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.