Christmas is the time of the year when we celebrate appreciation and love we have for each other. It is the beautiful spirit of Christmas that makes the holidays so unique and therefore, this spirit should not be claimed by anyone. At the same time, Christmas is the time of year that companies monetize extensively. Associating themself with Christmas through marketing, launching new products in the holiday season, but also blocking and prohibiting each other from doing similar things. Legally this is not prohibited, but as a company you have to ask yourself, where do you draw the line?
In 2018, Toneelgroep Amsterdam merged into Internationaal Theater Amsterdam (ITA). When the theatre group De Warme Winkel decides to change its name to Toneelgroep Amsterdam, ITA does not approve.
It remains an evil that we cannot rid: misleading and phantom invoices. When someone applies for a trademark to be registered, the applicant often receives a letter or invoice from a rogue company sooner than one from the authorities. By using highly similar logos, people may think they are dealing with official authorities. Consequence: payments of up to €2,300 are made for publication on a totally meaningless website. A good example of this are the invoices from EUOIP (Not to be confused with the EUIPO).
New Balance successfully challenged the use of the New Burlon logo in China this spring. The sports brand had placed an N, similar to that of New Balance, on a very similar area on their shoes.
Western companies leaving Russia have opened the door for trademark hijackers. Many new brands look suspiciously similar to the logos of departed companies, but as the new trademark owners almost always argue, this is purely coincidental. They are not hesitant to fight similarity claims.
A company's core business can always change. A good example of this, is the company Philips. Known for its lamps, televisions and audio equipment in the past, Philips nowadays produces medical equipment. When a company decides to change the main focus of their business, the older brands are often licensed to third parties, so that they can continue producing the old products. This raises the question: who is liable if something is wrong with these product?
Call us: 071-5763116 or send an e-mail: info@abcor-ip.com
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
