Amazon's online platform features a mix of ads. On the one hand, advertisements of products offered by Amazon itself, and on the other, third-party advertisements (the hybrid model). It is unclear whether the products are sold by Amazon or by someone else, because the ads are mixed.
Third-party sellers often offer counterfeit products. Amazon takes the position that, as a neutral platform, it is not responsible for this. If infringement is reported, the concerned ads are removed immediately.
A brand is more than just a word or a logo. The design of (or a part of) the packaging can also function as a sign of recognition. Because consumers can recognize a brand in this design, companies often register these designs. Clever, because copy-cats are always lurking.
Logos sometimes consist of simple geometric figures, such as lines, dashes, circles, dots or squares. This leads to a limited protection for such a logo. Consequence: it is difficult to object to similar signs.
As a part of Justin Bieber's world tour, H&M launched a hoodie and bag featuring pictures of Justin Bieber. H&M has produced similar lines before. This time however, internal communication and legal checks did not seem to have gone smoothly.
In 2020 Paupsy opened its doors. Paupsy is a concept store which sells clothes, shoes and jewelry. The instance their trademark was applied for clothing and bags, PEPSI objected. Well-known brands such as PEPSI often register their trademarks not only for their core business, but also for other goods and services. The reason for this is to prevent other companies from catching on to the trademark's reputation, but also because these trademarks are often licensed to third parties to use.
To qualify for design protection, a product must meet two requirements: it must be novel and have individual character. If the design is part of a composite product, there is an additional requirement. The design must be visible during normal use. But what exactly is normal use? The Court answers this using a special pattern of the bottom of a bicycle saddle.
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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
