A link is present
In Jägermeister’s case, the European Trademark Office EUIPO determined that the label of Alten Kräuterfrau barely resembles that of Jägermeister. Perhaps conceptually, there’s a slight connection because the public might associate both with hunting, according to EUIPO. Nevertheless, the office concluded that the public would associate the two labels. A contributing factor is that both brands are used for strong alcoholic beverages. According to EUIPO Alten Kräuterfrau was deemed to be ‘freeriding on the coat-tails’ of the famous label of Jägermeister and was denied registration.
No link found
The situation plays out differently for Lacoste and Dr. Caiman. According to EUIPO, the trademarks share conceptual similarities—they both feature reptiles from the crocodile family. Visually, there’s also some resemblance. However, EUIPO concluded that consumers would not associate the two brands. The images differ too much for such a link, according to the office. Additionally, one is a crocodile, and the other is a caiman (I honestly didn’t know the difference), which is further emphasized by the text, EUIPO noted. Without a link, Dr. Caiman’s registration was approved.
Unexpected Outcomes
I wouldn’t have been surprised if the outcomes of these cases had been the exact opposite.
Bas Kist
Photo by Dwayne joe on Unsplash
