For some years now (following recent case law of the Dutch Supreme Court) there has been discussion about the extent of the protection of purely descriptive trade names. Can a company with a descriptive trade name claim exclusivity to this name and subsequently prohibit other companies from using a similar word in their trade name?
Many EU trademark holders have been approached by a firm named Levin Nyman & Partners recently. This Finnish company offers renewals of EU trade marks at excessive prices. If signed off, payment is demanded; even if the client changes his mind. The Finnish company is not registered with any Chamber of Commerce; in fact, the company is not located at the office address stated on the letterhead. The phone number (masked by a QR code) is not in use.
This spring, rapper Lil Nas X not only launched his new video, but also 666 pairs of “Satan shoes” ($1,018), a joint project with artist collective MSCHF. Original Nike Air Max shoes were slightly modified for this. A pentagram was added to the laces, as well as a reference to Luke 10:18 (the fall of the devil) and a drop of human blood combined with ink on the sole. After the announcement on Twitter, the numbered pairs sold out in the blink of an eye. Not to the liking of Nike, but could they do something?
The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the accompanying measuring cup. In order to protect the design, the manufacturer has applied for a Registered Community Design registration for this feature.
When is it allowed to use your competitors / market leaders brand as an Adword in an online campaign? In a recent case defendant carried out a comparison test of his own water softener (Aquamag7000) and the Amfa4000 from competitor 24Man. The comparison is positive for the defendants product and the company wants to generate publicity with this result. If the search term Amfa4000 is entered in Google, ads appear with headlines like “Amfa4000 vs Aquamag 7000 - read this before your purchase”.
Within trademark law we are familiar with the protection of Designations of Origin. These are terms that can only be used by companies if they meet certain strict conditions, for example, the ingredients should come from a certain area and the product is made in a certain way. This also applies to the term CHAMPAGNE.
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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
