Cold cases

Is that allowed? T-shirts with brand parodies such as Tuna in the Puma logo? And funny cases for your iPhone with trademarks on it like Chanel, Burberry and also a rather strange Snow White. All this items are for sale on websites like Etsy.com.

Well, in the event consent has been asked of the owner of the trademark, you would say pretty everything is allowed. Of course, with these kind of products a consent has never been asked.

Since these products are being sold money is involved and you can conclude that these kind of products are free-riding on the reputation of the famous mark. How funny the cases sometimes are. However, most trademark holders will not encounter sleepless nights and will not be very impressed by these kind of “infringements”. There are probably better ways to spend their money.

Arnaud Bos

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