C&A v. G-Star

Overview After a verdict by the Dutch court on 9 August 2011, fashion brand C&A was ordered to cease large-scale infringements of the trade marks of the fashion brand G-Star. C&A was ordered to remove apparel from its stores as the judge indicated C&A breached G-Star owned brands by using the words RAW on certain pieces of apparel. This is a second time that C&A through a verdict has had to remove apparel from its stores due to similarities with G-Star apparel.

Arguments G-Stars Arguments: G-Star had registered trademarks for multiple symbols used on clothing that they allege were used (in breach of the trademark) by C&A -G-Star alleges that C&A is using the identical RAW sign for identical goods, or using a similar sign, leading to likelihood of (indirect) confusion on the part of the public. G-Star further alleges that its RAW trademark is a well-known trademark and that C&A is taking unjustified advantage of the reputation of the RAW trademark by using as a trademark or otherwise the signs RAW, DIGGINRAW, DigginRaw, DISSIDENT RAW and RAW-DNM. C&As Arguments: C&A denies that their clothing symbols have breached G-Stars trademark and alleges that: – The RAW trademark had no distinctive character or alternatively that the raw sign is descriptive of the (property of the) goods in question, namely clothes. – Third parties, too, offer and sell clothing showing the word Raw…there is no evidence that they are to this scale taken this seriously and in any case the market study results show that they do not harm the distinctive character of the RAW sign.

Court Decision/Opinion According to the judge in the preliminary injunction proceedings of the Hague District Court, the use of the signs RAW, DIGGINRAW and DigginRaw on clothing offered for sale by C&A infringed G-Stars RAW trade marks for clothing under Art.9(1)(a) of the Community Trade Mark Regulation (CTMR), by using the identical RAW sign, and Article 9(1)(b) CMTR, since the DIGGINRAW and DigginRaw signs created a risk of confusion with the RAW trade marks. C&A was also ordered to pay for the costs that G-Star incurred during the proceedings.

Apparel in Question G-Star Raw Apparel C&A Apparel in Question

Implications This case is yet another example of trademarks coming into play in the fashion industry – another example is seen in Louboutin v. Yves Saint Laurent – in which the courts determined further regulations on what constitutes a breach of trademark in the fashion industry. For further reference to this case, please visit ationG-StarCAjudgment pdf?attredirects=0&d=1

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