The name 247 Laser Cutting does not infringe on the trademark and trade name of 247tailorsteel. This was decided by the District Court of The Hague in summary proceedings. While there is obviously more at play in this trademark infringement case, one part in the decision stands out to me. The court indicates that the parties both argue that '247' is a descriptive element: it is pronounced in the English way and it refers to the continuous availability of services (namely: twenty four / seven). On the whole, therefore, the differences between the components 'laser cutting' and 'tailorsteel' outweigh the differences. 247tailorsteel draws the short straw. 

But is ‘247’ really descriptive? I would expect that for a part of the Benelux audience, this element is actually distinctive: for those who understand '247' differently than as ‘twenty four seven’. For example, as ‘two forty seven’ or in Dutch ‘two hundred and forty-seven’. If that group is large enough, the identity on that first part may be sufficient to assume likelihood of confusion after all. Then it makes sense to back this up with a market survey. Is there still an opportunity here for 247tailorsteel on appeal? It is of course possible that already has a negative market study on the shelf. There is almost always more at play in such infringement proceedings than is apparent from the judgment.

Maarten Haak

3 April 2023