Five of the most fascinating trade mark disputes
The world of trade mark disputes is a fascinating one, and we never get bored of finding out about high profile cases. Here’s five of the most interesting we’ve found at Dawn Ellmore.

Toblerone V Poundland
When Toblerone altered its shape to save on chocolate, Poundland decided to design its own version. They came up with a similar chocolate and nougat bar, but with two peaks instead of Toblerone’s one.
This difference wasn’t enough for Toblerone to contest that Poundland are in breach of the 1997 EU trade mark for the iconic bar. Poundland say that Toblerone effectively gave up the trade mark when they changed the bar’s shape in 2016 and they have no case. The High Court will decide.
Iceland V Iceland
In 2014, the supermarket chain Iceland obtained the European trade mark for the word ‘Iceland’. However, companies from the country Iceland soon found they couldn’t register their own names within the EU because they wanted to use the trade marked word.
Not at all happy, the Iceland government launched legal proceedings to strip the South African owned supermarket of the trade mark. It looks like this one will run and run.
Apple V Everybody
OK, we don’t really mean everybody, but Apple is famous for disputing any company or that uses an apple for its design or logo.
Just two examples of many include GreeNYC. The New York based initiative used a green apple in their design back in 2008. They were promptly served by Apple seeking to block the logo, but the small company prevailed and won the right to use it. Just last year, Apple lost its trade mark battle over the use of ‘iPhone’ in China. The ruling means Xintong Tiandi, a company that sells leather goods imprinted with IPHONE, can continue to do so.
Marvel and DC Comics V anyone who uses ‘Superhero’
In possibly a trade mark move of genius, the word ‘superhero’ is owned by DC Comics and Marvel. And they have no problem in taking indie publishers to court if they try and use it in the title of their work. It’s not popular with the comic book community, but no one has seriously contested it yet.
Marcantonio Raimondi V Albrecht Durer
Proving that trade mark disputes are not a modern phenomenon; our final case takes place in the 16th century. In the early 1500s, artist Albrecht Durer realised that fellow engraver Marcantonio Raimondi was copying one of his best-selling works — Life of the Virgin.
In a modern move Durer took Raimondi to the court of Venice. However, they ultimately ruled in Raimondi’s favour, allowing him to make copies if he left out Durer’s signature.
Dawn Ellmore Employment was founded in 1995 and is a market leader in intellectual property and legal recruitment.
