Kruidvat is a chain of drugstores in the Netherlands and Belgium, among others. Spa Monopole produces Belgian mineral water known as ‘Spa’ and markets this water under different names in combination with Spa. Kruidvat markets care products under the brand ‘spa secrets’ and ‘sense of spa’. The central question is whether third parties can freely use the ‘spa’ sign on the packaging of cosmetics, even as part of the trademark. The Court of Appeal ruled that such use does indeed serve to designate a characteristic of the product, and therefore falls under the restriction of Article 2.23 BCIP. As the first court ever in the Benelux, the Court of Appeal ruled that Spa Monopole’s claim for trademark infringement should be rejected.
Source: ie-forum.nl
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