The claimant is owner of an international trademark designating Hungary and a European Union trademark for the purple colour mark (“Milka purple”) registered in class 30 for chocolate. The trademark has been used on the trademark owner’s Milka chocolate products. The defendant used also purple package for dragee products.
The plaintiff is the owner of a trademark registered in classes 16 and 35 used for printed materials and advertising, respectively. The defendants used an almost identical mark for periodicals relating to cars and motorcycles. The defendants also published an online magazine website, the domain name of which was almost identical with the plaintiff’s trademark. The claimant sued the defendants for infringement.