Reimbursement Kawasaki-insurance.nl

Reimbursement Kawasaki-insurance.nl

Often companies forget to include separate clauses in cooperation agreements about the use of trademarks. For example, may a distributor register domain names or social media accounts in which the trademark appears? Should these then be transferred free and immediately if the parties part ways?

 

In 2017, Kawasaki Motors entered into a verbal agreement with a third party. That party will offer insurance to owners of Kawasaki motorcycles. As part of the cooperation, the company is allowed to use the trademark and register domain names (in which the trademark appears).

In 2022, Kawasaki decides to end the cooperation, to which the user agrees. Then a discussion arises about the transfer of the domain name and the compensation the Respondent wants to receive. Meanwhile, the domain name remains active and Kawasaki motorcyclists can purchase insurance there.

Everything in these WIPO proceedings revolves around whether the Respondent has an interest of its own. Due to the termination of the cooperation, the Respondent no longer has the right to use the trademark. Not transferring the domain name is used as leverage to receive compensation. That is not legitimate. Use after termination of the agreement is use in bad faith. The domain name has to be transferred. If the defendant still wants compensation, then he should challenge the decision in civil court. The latter can then factor this into its judgment.

About Abcor

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.

Our services

Newsletter: Abcor ABC Magazine

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

Meld u aan voor Abcor's ABCtje

Sign up for the Abcor ABC newsletter