Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours in gold and nickel) with a bottom plate made of marble. To protect its rights both tables are filed as European designs. When a similar table appears on the market Eichholtz demands a prohibition on this. The other party claims that the design registrations are not valid. The design would not be new and does not have its own character since it has the same shape as the Ascher-diamond. The main question is whether use of the same design for a different product affects novelty.
The court decides this is not the case. One should look at the type of product concerned and the sector in which it is being used. In this case they are very dissimilar. It is not expected that furniture manufacturers know which shapes are used in a diamond cutting business. The registrations are therefore valid. Since the tables of the other party give the same impression with the informed consumer they are prohibited and a recall also follows.
Call us: 071-5763116 or send an e-mail to: info@abcor-ip.com
Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.
In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.
In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.
Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.
Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor
Frambozenweg 109-111
Postbus 2134
2301 CC LEIDEN
Tel: 071-5763116
Fax: 071-5768947
E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
Spoorlaan 460
5038 CH TILBURG
Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300
Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
