{"id":2474,"date":"2023-01-03T08:37:08","date_gmt":"2023-01-03T08:37:08","guid":{"rendered":"https:\/\/www.katheraugenstein.com\/news\/the-north-face-vs-the-dog-face\/"},"modified":"2023-01-13T11:53:42","modified_gmt":"2023-01-13T11:53:42","slug":"the-north-face-vs-the-dog-face","status":"publish","type":"news","link":"https:\/\/www.katheraugenstein.com\/en\/news\/the-north-face-vs-the-dog-face\/","title":{"rendered":"\u201eThe North Face\u201c vs. \u201eThe Dog Face\u201c"},"content":{"rendered":"\t
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\t\t\t\t\t\u201eThe North Face\u201c<\/span>\n\t\t\t\t\t\t\t\t\u201eThe North Face\u201c vs. \u201eThe Dog Face\u201c <\/h1>\n\t\t\n\t\t

Can dog owners who do sports and wear \u201cThe North Face\u201d now do their outdoor sports in a partner look with their pet? At least that\u2019s what you might think when dog clothing is advertised with the name \u201cThe Dog Face\u201d.<\/strong> The name sounds familiar, because it is associated with the outdoor and lifestyle brand \u201cThe North Face\u201d \u2013 at least that\u2019s how the well-known clothing manufacturer saw it and went to court.<\/p>\n

It is becoming increasingly common for small companies to use the familiarity of major brands to advertise their own products. The exploitation of well-known trademarks or catchy design language creates a familiar feeling among customers and influences their buying behavior. The exploited appreciation gives less established companies a better market position, much to the annoyance of the established brands. After all, a brand\u2019s products are creative services that determine the company\u2019s value. To ensure that companies remain the sole users of their innovative services, they must protect their intellectual property. Trademark law serves to protect against the exploitation of a company\u2019s own reputation. A trademark is protected if it is registered. According to the German Trademark Act, registration can take place at the German Patent Office, or at the EU level \u2013 at the Office for Harmonization in the Internal Market. Once the trademark has been registered, the following principle applies: competitors may no longer advertise their products under this brand name.<\/strong> If they do so, they may be entitled to injunctive relief or monetary compensation. It is important to note that not only brand names can be registered. Combinations of words and images or simple figurative representations such as the \u201cNike Swoosh\u201d can also be protected under trademark law. This is also the case with \u201cThe North Face\u201d, whose brand name and logo are protected under trademark law.<\/p>\n

In the case in question, the OLG Frankfurt has now ruled by order that animal clothing may not be marketed with \u201cThe Dog Face\u201d. Initially, the Frankfurt Regional Court had decided otherwise and dismissed the injunction claims asserted by \u201cThe North Face\u201d in an urgent proceeding. On appeal, the Frankfurt Higher Regional Court amended this decision to the effect that the pet clothing company must now refrain from using the brand name and the well-known logo. According to the court, there is a similarity between \u201cThe Dog Face\u201d and \u201cThe North Face\u201d, which is causing damage to \u201cThe North Face\u201d and exploiting its reputation in a \u201cparasitic manner\u201d.<\/p>\n

In support of its decision, the court states that \u201cThe North Face\u201d is a well-known mark within the meaning of the EU Trade Mark Regulation [Regulation (EU) 2017\/1001]. It is known to a significant part of the public.<\/p>\n

It is true that there is no likelihood of confusion between the names \u201cThe North Face\u201d and the name \u201cThe Dog Face\u201d used by the animal clothing manufacturer. This is because the words \u201cDog\u201d and \u201cNorth\u201d are recognizably different. However, exact copying is not a prerequisite for injunctive relief under Article 9 2 lit. c) of the Regulation. Sufficient is a similarity which causes the relevant public to form a mental link between the two signs. This is the case, according to the Higher Regional Court of Frankfurt. It is true that the words \u201cdog\u201d and \u201cnorth\u201d are recognizably different for third parties. The similarity lies in the fact that the word sequence \u201cThe Dog Face\u201d is clearly recognizable as being based on \u201cThe North Face\u201d.<\/strong> Due to the high degree of recognition of the trademark and the fact that there is a certain similarity between the goods offered, the court assumes that the two companies are mentally linked to each other.<\/p>\n

The animal clothing company is now no longer allowed to profit from this link. But perhaps The North Face will soon launch its own animal clothing line. Then sports enthusiasts will indeed soon be able to dress as partners with their dogs.<\/p>\n\t\t\n\t\t\t<\/section>\n","protected":false},"template":"","class_list":["post-2474","news","type-news","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.katheraugenstein.com\/en\/wp-json\/wp\/v2\/news\/2474","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.katheraugenstein.com\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/www.katheraugenstein.com\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/www.katheraugenstein.com\/en\/wp-json\/wp\/v2\/media?parent=2474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}