Dutch Court of Appeal - the Bavaria Slogan: 'Now. First…. A Bavaria' is not IP protected

By using the slogan ‘Now. First…’, a vast majority of the Dutch would yell: ‘BAVARIA!’. The use of this slogan by Bavaria goes all the way back to 1985 and the brand Bavaria is widely known for it. Bavaria claims that this slogan is one of a kind, protected by copyright. In addition, the slogan was registered as a trademark in the Benelux Trademark Register in 1998 and 2006, therefore protected by trademark law.

Bavaria was not amused when earlier this year company Your Hosting advertised on t