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Parodies of well-known brands pop up regularly. When these cases escalate, the defence often centres around freedom of expression or the idea that it’s a legitimate parody. However, European trademark law (currently) does not recognize a parody exception. This makes sense, as such cases are often about gaining commercial advantage by piggybacking on a famous brand.
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A trademark isn’t limited to just words or logos. Other elements—such as colours, shapes, sounds, or even videos—can also function as trademarks. But is a colour trademark always effective at stopping competitors?
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Almost every supermarket has its own private label. These stores often go to great lengths to make their private labels look strikingly similar to their A-list counterparts. After all, why not ride the coattails of the big names? Lidl, for example, has built a reputation for making its house brands look suspiciously like their A-brand rivals. Recently, they've given their soft drink line, Freeway, a makeover. The standout? The orange soda bottle, which bears more than a passing resemblance to the iconic Fanta bottle. From the color to the round shape evoking an orange, the fonts, the shadowing (in dark blue no less), and the little leaf attached to the letters—it's hard not to notice the similarities. But the big question is: Is this even legal? And, if not, what can be done to prevent it?
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In several countries worldwide (including the USA), there are special provisions for registering a person’s name. To prevent someone from exploiting the fame of another individual, a declaration must be submitted stating that this is your own name or that the (famous) person has given their permission. These requirements do not apply to a European Union trademark application. Therefore, it is essential for celebrities to claim their rights in a timely manner.
When a company or artist rises above the crowd, there are always parties looking to profit from it. Domain name squatting is a prime example. However, if a trademark has been registered earlier, the squatter may face an uphill battle.
At Christmas 2020, M&S introduced a new line of gin bottles. When shaken, edible gold flakes fall like snow. The bottle has an LED at the bottom to enhance the visibility of the falling gold flakes. M&S immediately registered the design of the bottle, including both the falling flakes and the LED lighting.

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• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor