Kitchen maker use stupid defence line, rescued by judge
The register registers the following item:
A Manchester kitchen company “Moben” was accused of misleading their consumers by placing an umlaut over the ‘o’, thus giving the impression that they are a German company, which is grasped by British consumers as a seal of quality.
Moben’s defense was, and I quote, “the dots are an artistic device and that any resemblance with an umlaut is coincidental”.
However, instead of throwing them out of court and holding them in contempt, the court decided that “using a German-sounding name did not imply that Moben or its products were German” and that “umlauts are used in countries other than Germany … and that viewers would recognise that a company’s trademark would not necessarily relate directly to the origin of that company or its products”. Nice, but did you notice that the decision had absolutely no reference to Moben’s actual claims? Wonders will never cease.