Mattel has been a producer of the Barbie fashion doll for over 60 years. When Jieyang Defa Industry applies for design protection in the European Union for a comparable doll's head, Mattel starts an invalidity proceeding against the application.
In order to secure continued support of its customers IP assets, Buro Blanchard decided to formalize the collaboration with Abcor trademark agency of Leiden, the Netherlands.
Buro Blanchard and Abcor had been informally working together for several years. Not to anyone’s surprise because Frans Blanchard and Theo-Willem van Leeuwen (founder and CEO of Abcor) had known each other since the 1990’s from the advertising business.
Between 1960 and present Puma has obtained nearly 90 trademark registrations in Europe for its formstrip. When Monshoe launches sneakers with a similar imprint, Puma argues this constitutes an infringement of its serial trademark. Monshoe defends itself claiming that the consumer does not perceive a trademark in this, just a decorative print. The design hardly calls an association with Puma in the public’s mind.
Many people think that they obtain copyright protection for an idea by putting it in writing and submitting this to an online register like CCproof. Unfortunately, that is often not the case.
An idea must have materialized for something to become 'a work'. If the work is also an intellectual creation, it may be copyrighted. An online “registration” of the idea can never be more than a piece of evidence.
The ECJ has already passed rulings on the question whether one can use the competitor's trademark as Google Adword, a number of times. Rule of thumb is: it is allowed unless the origin function of the trademark is impaired. The advertisement must clearly show if there is a relationship between the advertiser and the trademark owner or not.
Les Bordes Golf Club uses a silhouette of the head of a Hubertus deer for their logo. When they file EU trademark protection for this sign, Mast-Jägermeister opposes, invoking its registered logo. This has been registered for a wide range of identical products and services. The EUIPO initially rules that the trademarks don’t infringe, but Jägermeister appeals successfully at the EUIPO’s Board of Appeal.
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
