The author of this blog is a passionate Neuss shooter himself - and even if the hunting slogan "Horrido" is not the motto of his club, he knows it only too well from other clubs. A greeting goes out to the Neuss Jägerkorps!
A company from Werl has been instructed to stop selling its clothing items with the traditional hunting slogan "Horrido!". The reason: a law firm refers to an EU trademark right to the logo. The managing director is fighting back and taking legal action.
"Horrido!" is a common greeting, cheer and toast among hunters, which can often be heard and read, especially during the shooting festival season. For several years, this slogan has also been used on T-shirts, caps and hoodies from KSR-digital UG in Werl. Now the company has received unpleasant mail from a law firm. The law firm demanded that the company stop selling these items. Alljagd GmbH from Lippstadt lays claim to the traditional exclamation and refers to its EU trademark, which has been registered with the European Union Intellectual Property Office (EUIPO) since May of this year. Does the company have to give in?
Claims under trademark law?
In principle, any owner of a trademark right can prevent the sale of goods or services with their trademark. The registration of a trademark with the EUIPO gives the owner the exclusive right to use this trademark for the registered goods and services. Alljagd GmbH has registered "HORRIDO" as a trademark for clothing and can therefore, in principle, prevent other companies from using it to mark their corresponding goods. Any use without permission would infringe the trademark rights of Alljagd GmbH and could lead to injunctive relief and claims for damages.
However, this only applies if the trademark was actually used within the meaning of the Trademark Act and KSR-digital UG is responsible for the infringement. Since Alljagd GmbH's reference to the EU trademark, however, one would now have to assume that the company is responsible.
Managing director has counter-letter drawn up
However, the managing director Laura Kerkhoff does not accept this. She has her legal counsel draft a counter-letter. It is not known exactly how the Kerkhoff team argues. However, a careful examination is advisable, as trademark law often depends on details.
The decisive question is whether the use of the slogan is "brand-like" - that is, whether the slogan was applied to the goods in order to distinguish one's own goods from those of others and to indicate their origin. However, "Horrido!" is a traditional exclamation and is not usually understood as a brand name that distinguishes certain items. If the slogan is printed in large print on items of clothing, this serves less to distinguish them under trademark law than to celebrate the culture of shooting or hunting. We therefore assume that Ms. Kerkhoff has very good chances in a trademark dispute.
It remains to be seen how the proceedings will continue. For the time being, the Werl-based company's shirts will continue to say "Horrido!".
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