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| It’s a car …, it’s a plane … Picture: Danny Friedmann |
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| … it’s a piano. Times Square, Causeway Bay, Hong Kong Picture: Danny Friedmann |
The Pegasus Guoqin costs more than 2.86 million Renminbi (over US $410,000). Although it is painted in the “Ferrari rosso” (rosso corsa) colour, has a horse on top (although with wings, just like Pegasus), you will not find Ferrari “horse power” inside, instead a Schimmel piano. If Ferrari registered the famous red colour (if it gained a secondary meaning) it could have, in combination with the horse figure cause confusion with the public about whether Ferrari endorsed the product. Then again Ferrari trademarked the signs in the trademark classes for cars, not pianos. Therefore, in the case that Ferrari is not competing with pianos and in the absence of a likelihood of confusion, the real question is: Does it dilute Ferrari’s world famous brand by blurring?
(b) the trade mark is entitled to protection under the Paris Convention as a well-known trade mark; and
(c) the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark.
