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.




6 comments:
Yes exactly, but is 'Doodle' descriptive/suggestive in French ?
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 ?
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.
Ooops, I meant "griffonner".
Not a problem. One 'n' or two 'n's. Looks like a perfectly good TM (to the average anglophone consumer).
I got a copy of the judgment. See my note (in French) here.
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