Pick Your Clothes And Battles: G-maxx Does Not Infringe MEXX

What has happened?

• The Court of Appeal of The Hague has agreed with the District Court that the use of the signs G-MAXX for clothing and related items does not infringe trade mark registrations for Mexx (stylised), registered for the same goods.
• The Court took into account the way the G-maxx mark would be pronounced by a part of the Dutch public, as well as its usual English pronunciation. The fact that there are several fashion brands that use 'XX' in their marks was also a relevant factor. Overall, the marks were not sufficiently similar for a finding of a likelihood of confusion despite the goods in question being identical.
• The decision also illustrates that the reputation of a trade mark can change over time. Where there is a period of non-use, this may have a large effect on the scope of protection afforded to the registration.