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Tuesday, 21 November 2006

DON'T DOODLE


Yahoo! News reports that Pilot Pen Company has won a French trade mark infringement case against Mattel. Pilot makes the Magna Doodle sketching toy, and holds French and Community trade marks for MAGNA DOODLE. Mattel produced a sketching toy under the DOODLE-PRO trade mark, which was found by the Tribunal de Grande Instance of Paris to be confusingly similar to the MAGNA DOODLE mark. Mattel has said that it will appeal.

The IPKat says it’s rather difficult to reach a conclusion based on such scant information, but it is a little worrying that the only element the two marks appear to have in common is the descriptive/suggestive word ‘doodle’.

6 comments:

Anonymous said...

Yes exactly, but is 'Doodle' descriptive/suggestive in French ?

Frédéric said...

TM consisting in English words are deemed distinctive if a French consummer with average notions of English (i.e. basic vocabulary) doesn't understand them.

Would you consider that "griffoner" is a distinctive TM in the UK for cl 28 products ?

Anonymous said...

Frederic (my apologies I can't do accents), I've little doubt that "griffoner" would get onto our register in class 28. Not a guarantee, an opinion.

Frédéric said...

Ooops, I meant "griffonner".

Anonymous said...

Not a problem. One 'n' or two 'n's. Looks like a perfectly good TM (to the average anglophone consumer).

Frédéric said...

I got a copy of the judgment. See my note (in French) here.

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