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24 May 2017Trademarks

Neon signs give Heineken a headache

Heineken has taken aim at a US company for “intentionally and unlawfully” selling neon signs bearing its trademarks.

The Netherlands-based company, alongside its Mexican subsidiary Cervezas Cuauhtemoc Moctezuma, has accused Bright Neon Signs of promoting and selling signs that use the trademarks ‘Heineken’ and ‘Dos Equis’.

Heineken and Dos Equis are both brands of beer produced by the Heineken Group.

According to Heineken, it has spent “tens of millions of dollars” promoting the brands and the “world famous marks” through television, radio and print media and sponsorships.

According to the complaint, Heineken is currently placed 87th on the list of Best Global Brands compiled by brand consultancy Interbrand and 85th on the Most Valuable Brands list compiled by Forbes.

Bright Neon Signs, which Heineken describes as a “fictitious entity”, has its principle place of businesses in North Carolina. It advertises and sells the signs on the website  brightneonsigns.com.

In its claim, filed at the US District Court for the Eastern District of North Carolina on Monday, May 22, Heineken said it had “repeatedly demanded” that the company stop selling and promoting the signs but that it had refused.

“Plaintiffs’ beer is sold at tens of thousands of retail stores, grocery stores, bars and restaurants throughout the US. Over the years, plaintiffs have earned many billions of dollars in revenue from sales of its beer under plaintiffs’ marks in the US,” the complaint said.

Heineken added that the defendant is profiting from its goodwill and reputation by causing consumers to believe that it had licensed the defendant’s products.

Heineken is seeking an injunction to prevent Bright Neon Signs from using any mark, trade dress or logo that infringes its trademarks.

It’s also demanding triple profits that Bright Neon Signs has made from selling the infringing signs as well as triple damages.

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