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Design protection offers a relatively easy way to protect the appearance of a product. To qualify for protection, however, a design must be both novel and possess individual character. But what exactly qualifies as new? Are a few minor differences enough?
Blos-Basker
In mergers and acquisitions, IP rights often play a secondary role. That is surprising, as a significant part of a company's goodwill is based on its intellectual property. This includes trademarks, design rights, domain names, social media accounts, copyrights, patents and trade secrets. Buyers often conduct a due diligence investigation before completing an acquisition. If IP rights receive only limited attention, unpleasant surprises may follow.
Can a book title be protected as a trademark? Around the world, the prevailing view is that it cannot. The exception is where a title has become highly distinctive through use. In the EU, however, the approach has traditionally been the opposite. After several years of uncertainty, the Board of Appeal has finally weighed in, and little has changed.
For many years, the question has been whether parody can justify the use of a trademark. Parody may fall within the scope of freedom of expression, while trademark rights are protected as property rights. When these rights conflict, the circumstances of the case determine how they must be balanced. The European Court has now provided guidance on that assessment.
The International Registration system is a cost-effective and straightforward way to obtain trademark protection in many countries outside the European Union, including China, the United States, Brazil and Canada.
James Pond
Gameware has filed a trademark application for the mark “JAMES POND” for video games, clothing, toys, and entertainment services. The mark is clearly a parody of the famous spy 007. The owners of the James Bond trademarks are, of course, objecting to this.

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Newsletter: Abcor ABC Magazine

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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