Use of ‘House of Quantum’ and ‘Quantum Delta NL’ infringes Quantum trademark

Quantum is a real estate specialist that develops and manages real estate projects and provides asset management services. Quantum carries out these activities under the Quantum trademark. Quantum Delta NL (QDNL) is a foundation that promotes the development and application of quantum technology. House of Quantum (HoQ) provides business facilities for companies with quantum expertise, in collaboration with QDNL. These activities overlap with Quantum’s field of activity. When QDNL and HoQ refused to change their name and trademark, Quantum took legal action.

QDNL and HoQ argued that their use of “Quantum” is purely descriptive and does not constitute infringement of the Quantum trademark. The District Court of The Hague disagreed. “Quantum” is not a descriptive term for services related to real estate and asset management. These are precisely the services in which QDNL and HoQ are engaged, and therefore the use of the Quantum mark as part of their trademark and trade names constitutes trademark infringement. The fact that QDNL and HoQ specifically target an audience with quantum expertise is irrelevant, since descriptiveness is not assessed based on the sector to which the services are directed, but on the nature of the services themselves.

QDNL and HoQ must cease the use of their trademark, trade, and domain names.

Quantum was represented by Evelien Huberts, Maarten Haak, and Mathijs Peijnenburg.