Ever since 1974, Kärcher has been using the color yellow for its cleaning devices. This same yellow color is also used consistently on their website, brochures, packaging, promotional material and all forms of advertising. In 1990, the company has registered the color yellow as a trademark. It has become clear in EU case law that a PMS or RAL code ought to be submitted with a color claim (only a description is considered too vague). For that reason, in 2012 a new application was filed for the color mark.
Misleading advertising is found all over the world. It often concerns use of words, but the deception can also involve matching packaging. Sometimes unexpected parties com to the rescue. Choc Milk Stout (from Howler’s brewery) mimics the packaging of Milo chocolate powder from Nestlé. A nice touch, unless something goes wrong. A toddler accidentally mistakes the can of beer in the family fridge for chocolate milk, after which its parents file a complaint with the advertising authorities. This design is irresponsible. The brewery reacts indignantly: “We do not target children with our beer and the use of this label does not lure children into consuming beer.”
Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered as a kit. A company called Kitcar Collection collects and sells such kitcars.
In 2018, this company imports a ready-built kit car from the United States. A logo featuring a prancing horse can be seen on the handlebars and in the center of the hubcaps. The Ferrari word-logo is attached to the front and boot of the car, but covered with black Duct Tape.
If a person is photographed, he or she can object to the publication of that photo if the person has a reasonable interest in doing so. For celebrities this often comes down to financial interest. For ordinary people/staff, it is often about the right to privacy, protection of honor and reputation.
Lepin has been selling imitations of Lego products under the LEPIN brand since 2015 (as well as having this trademark registered everywhere). Not only the products are exact imitations, the packaging as well. In two years approximately 4.25 million products were sold worldwide at a quarter of Lego’s price. Lego has been combatting counterfeit for years. When the LEPIN trademark got cancelled in England in 2019, a ban was issued in China on production of the counterfeit products.
In 2007, Dennis Perry had registered the trademark METCHUP in the USA for ketchup, mayonnaise and mustard. Perry mixes these sauces in his own kitchen and sells this himself. Since 2010, he has sold 34 bottles. When Heinz launched a similar product under the name MAYOCHUP in 2016, a problem arises.
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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
