Chanel Loses Trademark Dispute With Huawei Over Latter's Logo
from the smells-like-a-loss dept
It’s no secret that Chanel, the famous French luxury brand most notable for concocting things that make us smell better, is also a voracious protector of its trademarks. As evidence for this, one needs only to recall that the company once bullied a 2-person candy purveyor over its use of the number “5”. The point is, when Chanel comes a-calling complaining about trademarks, you really need to view it all with narrow eyes.
Chanel’s years-long trademark row with electronics company Huawei is no different. This story begins way back in 2017, when Huawei attempted to register a logo for its hardware division with EUIPO.
The dispute dated to 2017 when Huawei sought approval from the EU Intellectual Property Office (EUIPO), a trademark body, to register its computer hardware trademark which has two vertical interlocking semi-circles.
Privately owned Chanel objected, saying that the design was similar to its registered French logo of two horizontal interlocking semi-circles used for its perfumes, cosmetics, costume jewellery, leather goods and clothing.
How similar are the logos? Well, the answer is very, very similar… if you mean that they are exact opposites.
The Chanel logos are on the bottom and the Huawei logo in question is up top. Yes, there’s a circle enclosing both symbols. Yes both include interlocking shapes. But beyond that, the logos are essentially opposites. And, frankly, not the kind of opposite that calls to mind Chanel’s logo at all. Add to all of that the fact that these two companies compete in wildly different markets and it’s fairly crazy that Chanel thought it should kick off this dispute to begin with.
But it did. And then, in a 2019 decision by the trademark office, it lost. The trademark office indicated that the logos really weren’t similar at all. For some reason Chanel appealed that decision and lost there too.
The French luxury house subsequently challenged the ruling at the Luxembourg-based General Court, which dismissed the appeal in its ruling on Wednesday.
“The figurative marks at issue are not similar. The marks must be compared as applied for and registered, without altering their orientation,” the tribunal of judges said.
The tribunal said the visual differences in the two logos were significant.
“In particular, Chanel’s marks have more rounded curves, thicker lines and a horizontal orientation, whereas the orientation of the Huawei mark is vertical. Consequently, the General Court concludes that the marks are different,” it said.
It’s a decision as right as Chanel’s decision to start this fray was wrong. There is little if any chance of public confusion in this case, given the differences in the branding coupled with the divergent markets in which these companies operate.
The better question is why famous brands so often feel the need to gum up the works like this to begin with?
Filed Under: eu, luxury brands, trademark
Companies: chanel, huawei
Comments on “Chanel Loses Trademark Dispute With Huawei Over Latter's Logo”
The better question is why famous brands so often feel the need to gum up the works like this to begin with?
Racking up billable hours and/or thinking that their customers are monumentally stupid and prone to confusion?
Re: Re:
looks over his glasses at you in immortal
Have you met the ‘hold my beer’ race?
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Oh I wouldn’t argue that there aren’t some really stupid people out there, but I imagine the number of people even among that lot who would confuse perfume for electronic hardware is going to be rather small.
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1999 out of 2000 Nigerian Princes disagree
Another friendly reminder that Coco Chanel was a Nazi and doesn’t deserve her name to be on anything more than prison cell for war criminals.
Chanel should be boycotted.
Hmm
Something stinks.
Not only orientation, but that's clearly enough on its own
Huawei’s logo overlaps on the left for the top part, and on the right for the bottom part. Chanel’s.. doesn’t. And Huawei’s parts are U shaped, whereas Chanel’s are C shaped.
Clearly the judge nor I are the morons Chanel is looking for.
Re: Not only orientation, but that's clearly enough on its own
And it looks nothing like a certain notorious "manufacturer of footwear, sports and casual apparel".
Also, there have never ever been ancient typographical forms such as
Glagolitic Ⱗ, Runicᛯ, or Tifinaghⵋ
no imagination
How do these scribbles qualify for trademark protection? They look awfully simple to me. Children draw patterns like this all the time.
Re: no imagination
I think you’re confusing trademark with copyright.
Because someone in charge believes it matters for something or other. Because it gives them publicity in places they otherwise wouldn’t. Because their oversized legal departments need something to pass the time with and justify their continued employment. And because they can.
Que Sarcasm
…aaaawww, too bad Chanel was that Child Not Left Behind, they would have easily recognized the letters, C, U, and N.
/end sarcasm.
Not only are the logos significantly different, Chanel is a company created based around a viciously anti-semitic nazi collaborator that informed on resistance members and hated "inferiors"…….so fuck em with a big pointy stick.
why so contrary?
The reason companies often give for being very aggressive about questionable trademark infringements is that if they do not enforce their trademarks they run the risk of losing them, an issue that does not arise with, e.g., copyright. They’re right, up to a point. Perhaps the problem could be reduced by the courts, or legislation, clarifying what counts as dilution of a trademark, e.g. making it clear that if the marks are used in widely different industries, there is no risk of losing a trademark due to lack of enforcement.
Re: why so contrary?
When there is clearly no "loss of trademark" in the cards, particularly after the courts have already told you so once, that theory shits the bed.
Never mind they aren’t in any of the same markets and look nothing alike.
I look forward to them having to produce documents showing they are going into the electronics market with a viable plan.
The cost of a lawsuit isn’t deterring these stupid cases, perhaps having to produce the business plan showing how they are entering the market will raise the costs more.
The chanel logo looks like 2 interlocked Cs
The other logo is like 2 interlocked u,s
Huawei is a tech company it does not sell handbags or branded
Clothes
I understand chanel is agreesive over its trademark as its whole business is based on people buying products that show the logo.
Eg I am rich I can afford to spend 1000 dollars on a handbag
No one is buying pcs or telecom routers thinking they might
made by a French fashion house
No one goes to a shop that sells fruit looking to buy an apple phone
Logos like Nike or chanel are worth billions cos people will pay
100s of dollars extra to buy a product with the right logo
The logo is a status symbol