Friday, August 31, 2018

Hummel vs.Hummels: Legal buzz about sneakers


Cathy Hummels, wife of German soccer player Mats Hummels, has designed sneakers featuring the brand name "Hummels" in clear lettering. She presented her shoe collection in June 2018 in Munich, Germany.

It did not take long for the Danish sports brand Hummel (based in Aarhus, Denmark) to file a request for a temporary junction at the District Court in Hamburg. The Danish company wants to prevent her from marketing her own line of footwear (including sneakers) under the brand name “Hummels” since it infringes on its Hummel brand name.

The District Court in Hamburg has granted the temporary injunction, stating that "The brand name used by Cathy Hummels consists of seven letters, of which six are identical to those of the Danish sports brand name."

Cathy Hummels wants to take legal action against the injunction. Her lawyer Christian-Oliver Moser went on record stating: "The District Court made its decision without hearing Mrs. Hummels." That’s why he considers the claims made by the sportswear company Hummel unfounded, also since the court cannot prohibit Cathy Hummels from using her own last name.

It was not the first time that Cathy Hummels got into legal trouble. She was at the receiving end of a civil litigation. The German Social Media Competition Association (VSW) obtained a preliminary injunction against Mrs. Hummels for violating the VSW’s rules regarding advertising. 

As an Instagram influencer, she endorsed products without making it clear to her 342,000 followers that she was advertising those products. The lawyers of Hummels are fighting the injunction, willing to take it all the way to the German Federal Court citing “freedom of expression”. If that would be the case, it would write influence marketing history.

Moral of the story: Conduct your due diligence before you launch your brand.

Image hummelsport.de