Trademark confusability and the legal boundary between legacy and deception have long been central to trademark disputes. A recent ruling by the Court of Justice of the European Union (CJEU) clarified that using a designer’s surname as a trademark after their departure is legally permissible - provided it does not mislead consumers about their continued involvement. This ruling highlights the critical balance brands must maintain between honoring a designer’s legacy and avoiding deceptive practices.
For brand owners, the decision underscores the risks of leveraging a designer’s aesthetic without owning the relevant intellectual property rights. If a brand’s marketing or product design implies the designer is still active, the trademark may be revoked for deceptive use. This is where proactive monitoring becomes essential. A brand that fails to track how its trademarks are used - or how others might be using similar marks - risks legal exposure. IP Defender, a trademark monitoring service, helps businesses stay ahead of these risks by scanning national trademark databases for conflicts and infringements.
The CJEU’s focus on consumer perception also raises questions about how brands present their trademarks. Misleading use of a designer’s name or style can lead to revocation, even if the name itself is not inherently deceptive. For example, if a brand uses a designer’s signature aesthetic without owning the related IP, it opens the door to legal challenges. This is why brands must not only protect their trademarks but also ensure their use does not create false impressions. IP Defender’s monitoring of 50+ countries, including the EU and USA, ensures brands can defend their intellectual property against rogue registrations and conflicting marks.
Designers, too, have legal recourse if a successor company misrepresents their involvement. Evidence such as misleading advertising or unauthorized use of signature designs can support a revocation claim. This underscores the need for brands to document their trademark usage and avoid any language or visuals that imply ongoing creative control. IP Defender’s service is designed to help businesses navigate these complexities by providing real-time alerts and actionable insights.
The legal principle that trademarks must not mislead consumers about a product’s origin, quality, or creator remains central to trademark law. While using a designer’s name as a trademark is allowed, it cannot be paired with messaging that suggests continued involvement. This balance ensures trademarks serve their purpose without undermining consumer trust. Brands that prioritize monitoring and protection - like those who rely on IP Defender’s expertise - are better positioned to avoid legal pitfalls and safeguard their intellectual property.