In the present case, two competitors had used different variations of the designation “panserglas” (“Panser Glas”, “Panserglas”, “panserglas”, “Panser Glas”, “panserglasset”) in connection with protection covers marketed and sold through two different webshops.
PanzerGlass is a trademark having a reputation
In addition to winning the present lawsuit, PanzerGlass now has the court’s word that PanzerGlass is a trademark having a reputation. This places PanzerGlass in the same category as major brands like LEGO, NOMA and PIRATOS, which have also been classified by the courts as trademarks having a reputation.
Attorney-at-law Nick Lissner, who conducted the case, says in a comment on the decision:
“We instituted the proceedings to stop yet another attempt at free-riding on the PanzerGlass trademark. As part of the case, we also sought to have PanzerGlass recognised as a trademark having a reputation, because this would position our client far better to fight future infringements.”
However, getting the court’s word that your brand is a trademark having a reputation is no easy matter, and Nick Lissner had therefore collected an extensive amount of evidence in preparation for the lawsuit.
“In order for a trademark to be classified as having a reputation, the Court of Justice of the European Union has stated, among other things, that the trademark must be generally known by the potential target group.
Over the years, PanzerGlass A/S has been extremely active in its marketing, among other things by securing endorsements by celebrities like Cristiano Ronaldo and Caroline Wozniacki, and the company has generally invested substantially in marketing and branding,” Nick Lissner explains. He adds:
“The massive marketing efforts have resulted in a level of brand awareness, unaided as well as aided, that places PanzerGlass far ahead of the competition, which was instrumental in establishing that the trademark DOES have a reputation.”
The PanzerGlass trademark has been the subject of trademark infringements ever since it was first registered, and the company has fought back from the very outset. PanzerGlass is therefore extremely pleased to have won yet another infringement lawsuit:
“The decision means that our trademark now enjoys an even stronger position, and we’re naturally thrilled with the outcome of the lawsuit and with the way Patrade handled the case. Because we invest substantially in marketing, it’s essential that we reap the benefits of our marketing efforts – not the many competitors ready to free-ride on our brand name,” says Jimmy Olsen, CEO of PanzerGlass. He stresses:
“We’re hopeful and confident that this judgment will deter others from infringing on our brand name. We welcome competition, but not unfair competition.”