The district court in The Hague has ruled against FieldTurf Tarkett Inc. and associated companies in a lawsuit brought by TenCate. The court has prohibited FieldTurf Tarkett and these companies from using the name Revolution for synthetic turf, because this name infringes the trademark Evolution™ of TenCate Grass. This ban will apply throughout the EU subject to payment of a penalty.
TenCate Grass and FieldTurf Tarkett have had a longstanding business relationship, in which FieldTurf Tarkett, with the consent of TenCate, exclusively made use of the trademark Evolution™ of TenCate Grass. In November 2009 TenCate Grass terminated the contractual relationship with FieldTurf Tarkett, because FieldTurf Tarkett, in violation of the agreement, had developed a synthetic turf fibre of its own. Shortly thereafter FieldTurf Tarkett introduced this fibre under the name Revolution.
The court is with TenCate of the opinion that this may result in confusion and that customers might believe that they are dealing with a TenCate product. In this regard the court believes that it is of importance that TenCate and FieldTurf Tarkett have had a long – exclusive – relationship. For this reason the court prohibited the use of the name Revolution in all countries of the European Community subject to a penalty.
TenCate is known in the market as an innovative producer of high quality components (yarns and backing) for synthetic turf systems and grants customers express consent to use both the trademark of TenCate® and its registered product trademarks. Abuse or unauthorized use of trademarks will be contested, in part by virtue of protection of the customers and end-users of TenCate.
The TenCate Evolution™ fibre has been incorporated in the synthetic turf system of amongst others two premier league football clubs in the Netherlands using an innovative, patented weaving technique of TenCate Grass.
Royal Ten Cate
Almelo, the Netherlands, Thursday 12 July 2012