Overview

Enforcing trade marks that may have descriptive connotations is not without difficulty, yet they are often the most desirable for effective and memorable marketing campaigns.

A judgment that was handed down on 11 February 2011, in the high-profile case of Hasbro v 123 Nährmittel and another is good news for the owners of marks of this nature. It has demonstrated conclusively that, properly cared for, such marks can be robust and their scope of protection wide enough to comfortably secure their brand a distinctive space in the marketplace.

Hasbro, the global toy manufacturer, claimed that the defendants had infringed various UK and Community Trade Marks for the word 'PLAY-DOH'. It also asserted its rights in passing off. These claims focused on the defendants' use of "The Edible Play Dough" and "Play Dough Mix" on its Yummy Dough product packaging and promotional websites and materials.

The judge agreed with Hasbro and the marks were found to be both valid and infringed.

Wragge & Co discusses