Both parties have been fighting for rights for years. American restaurant chain wants to register its brand Wendy on Penelox, where it can open branches, but those rights are in the hands of Goese Snack Bar entrepreneurs.
Since 1988, Goss has been running under the name Snack for Wendy’s. The owner of the snack bar and the American chain have been involved in activities related to who should use Wendy’s brand since the 1990s. This led to the Goese snack bar demanding Wendy’s brand in Penelox, which is an obstacle to expanding the American chain to Europe.
The Zeeland-West-Brabant court previously ruled that Goese Snack Bar generally uses the brand name for its snack bar. The chain appealed against this. He says the snack bar generally does not use the brand because of the lack of branches in Belgium and Luxembourg. Prior to this, the judge in 2017 disagreed. The Americans appealed, and now the Den Bosch court upholds the latter’s decision. The court ruled that there should not be offices in different places and that rights should be obtained in those places as well.
This means that American Wendy can no longer use the name in the Netherlands, Belgium or Luxembourg. The company may not be able to register the name in Europe. This is a setback for the chain that has been thinking of stepping into Europe for years. In 2013, he tried to register trademark rights in the European market, but it went wrong because Penelux is part of Europe.
U.S. Wendy’s has not yet commented on Tuesday’s verdict.
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