In a stick it to capitalism win, a Dutch court has ruled in favour of Zeeland snack bar Wendy’s over trademark rights — meaning the American fast-food chain giant Wendy’s won’t be able to open in the Benelux region.
After a years-long legal case, the court in Den Bosch has dismissed a claim over naming rights filed by American fast-food chain Wendy’s against a snack bar from Goes, Zeeland — which also goes by the name Wendy’s. 🥊
In an underdog against top cat scenario, the Ohio-based food giant, established in 1969, had plans to expand in Europe. However, it was stopped in its tracks by Goes’ own Wendy’s store with its registered name trademark for the Benelux region dating back to 1988, RTL Nieuws reports.
This ongoing legal seesaw was first filed in 2000 by the American chain in a case that was similarly lost, then followed by an appeal in 2017.
The American Wendy’s claim argued that the Zeeland snack bar isn’t using its Wendy’s brand normally, therefore they demanded that the brand be declared invalid so they can waltz in and claim it. The audacity! 😶
However, the court found that Zeeland’s Wendy’s, which was originally named after the owner’s daughter, does normally use the brand for its solo-branch snack bar through the store’s facade, packaging material, receipts, and company clothing. 🧑⚖️
What are your thoughts on this legal dilemma? Tell us in the comments below!
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I don’t see what the possible ‘dilemma’ could be. The company from Zeeland had its name trademarked in the Benelux by the book. Anything else is irrelevant, end of discussion. Glad to see the Dutch court system is still an independent entity and not influenced by lobbiests and the big money. I hope these suckers from the US were also ordered to pay the legal fees this small snackbar had to pay because of this nonsense.
There isn’t and never was a legal dilemma. A big loud mouthed US company thought that they can take whatever they want based on the crazy logic that you can’t have a registered brand name when you’re only running one shop is no dilemma. It’s corporate lawyers trying to scam a small firm in the American way. Dutch court checked the facts and sent the Americans on their way without as much as a friendly goodbye.