The Sting

Peter Claassen and Martin Hemmer of AKD represented clothing chain The Sting in a case brought by Tommy Hilfiger involving an alleged infringement of its trade mark.

Peter Claassen and Martin Hemmer of AKD represented clothing chain The Sting in a case brought by Tommy Hilfiger involving an alleged infringement of its trade mark. The Sting was alleged to have copied Tommy's GAGE denims. Tommy Hilfiger also claimed that The Sting's Hallinger brand constituted an infringement of its trade mark. Denial of further use of the Hallinger brand would have had considerable consequences for The Sting.

The court of first instance rejected all of Tommy Hilfiger's claims, resulting in the firm making an expedited appeal. The Amsterdam Appeal Court not only upheld the earlier court verdict on 4 January 2007 but also considered in its provisional ruling that the GAGE model of trousers failed to qualify for protection as either a copyright or a design.

For more information on the Appeal Court ruling, see www.boek9.nl.