Attractive factors such as “Blessed” on a hoodie are not intended as an sign of the region of origin of the items. I apologize?
A restaurateur from Frankfurt am Most important, operator of the “Blessed” brand, had sued. The trademark is registered, between other points, as composed on a white background for clothing. After sporting products company Puma used “Blessed” lettering for its sportswear, the brand name owner is suing.
The sporting goods maker is partnering with Brazilian footballer Neymar as brand ambassadors. He has a tattoo on his neck that reads “Benedict”. That is why Puma has made and dispersed a life-style collection of hooded sweatshirts with “BLESSED” penned in huge yellow and black letters on the front.
Purely decorative lettering
The Frankfurt am Principal regional court gave a summary ruling on the injunction invoked by the Frankfurt restaurateur. And agreed with the sporting activities items maker, just like the Bigger Regional Court in Frankfurt am Major
The use of the phrase “BENEDICT” does not influence the plaintiff’s trademark legal rights. The creating was not made use of as a trademark, but in a ornamental way for purely descriptive functions. The hooded sweatshirt is section of a athletics collection launched on the occasion of the signing of the Brazilian footballer Neymar. The English term usually means “blessed”. The sporting goods manufacturer’s brand name is also recognizable in several destinations in the garment. Just after all, buyers know that slogans or sectarian statements are printed on the entrance of their dresses.
We are nevertheless ready for God to speak and regret that shoppers have been misled from not blessing hoodies himself.
OLG Frankfurt aM, Urt. v. 02.06.2022, Az. 6 U 40/22
Press release: https://ordentliche-gerichtsbarkeit.hessen.de/
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