The Dutch Top 40 Foundation has registered its trademarks ALARMSCHIJF, TIPPARADE and the TOP 40 logos in the Benelux. An online radio station located in Spain and in the USA, aimed at Dutch expats, uses these marks on social media and on its online channel. Infringement, the foundation argues.
The defendant disputes this. The online channel does not use the marks in the Benelux. The channel only targets expats abroad. This is evident, among other things, from the advertisements. The court follows this reasoning.
To establish infringement, it is important which country the station targets. The fact that a station is available to listen to in a country is insufficient for this. Among other things, the defendant has an American phone number, a logo with USA in it, the broadcast times are in American times and their Facebook page states that the channel targets expats in the region. Therefore the channel targets Dutch and Belgians abroad, which does not fall under the scope of the Benelux trademarks. Those rights stop at the border. The ban is rejected.
