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Signs of commercial origin are more than just word marks. Sophisticated brand owners therefore also secure stand alone figurative marks and, increasingly, the entire facing, the overall look and feel of the packaging, as a trademark. A very sensible strategy, especially once copycats start circling.
Jägermeister is a well known herbal liqueur with a market share of around 38% in Germany. The bottle is as iconic as the drink itself: the dark green label, the stag’s head and the Gothic script are instantly recognizable at the bar. When Alten Kräuterfrau launches a bottle with a similar overall look and feel, Jägermeister objects.
The Olympic Games rank among the world’s biggest sporting events. They are spectacular and spectacularly costly to stage. Sponsors are therefore the IOC’s lifeblood, and to keep them on board the IOC maintains a strict anti ambush marketing policy aimed at companies that try to hitch a ride on the Olympic halo without paying for official sponsorship rights.
As a starting point, the producer is liable where a defective product causes damage. The tricky question is who exactly qualifies as the producer. The concept is broader than the physical manufacturer. It also captures the supplier, although the latter normally steps out of the firing line by timely identifying the actual producer.
Harley-Davidson’s reputation in the motorcycle sector is legendary, with trademark protection covering more than just motorcycles themselves, it extends to apparel, accessories, and lifestyle merchandise. When a webshop began selling neon signs using the Harley-Davidson logo, the company promptly objected.
In the European Union, trademark rights arise exclusively through formal registration. Some businesses mistakenly believe that mere use confers rights, which often leads to registering only the word mark with all the associated risks.

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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