In recent years, large social media platforms such as Facebook seem to be increasingly bound by rules. But to what extent can these large internationally powerful platforms be curbed? Eva Glaswischnig-Piesczek is an Austrian MP from the Green party. An article is posted on Facebook about minimum income support for asylum seekers, it is accompanied by her photo. Beneath the photo, the poster places several insulting comments using terms like: “traitor”, “corrupt bitch” and “fascist”.
Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible if the design is new. For that reason, step-wise expansion of design protection makes no sense.
Many companies assume that the use of a trading name or a domain name is sufficient to make a broad claim on the exclusive right to that name. These assumptions can prove painfully wrong. Since 2016, a company named Funding Innovation (later “Funder Inc.”) has been using the name FUNDR as a trade name and domain name. The company provides consulting services in the field of corporate funding and government grants.
BMW has been around for almost 100 years, making motorcycles (since 1923) and cars (since 1928). The company has registered its trademark rights worldwide. In India, these rights go back to 1956. When Balajee Automobile offers electrically powered rickshaws under the DMW brand in 2013, BMW objects to this.
Not only King's Day (a Dutch national holiday celebrating the birthday of the sovereign) celebrations were limited this year, also the number of follow-on advertising campaigns was scarce. Question is: what is actually allowed? A good example of this is the Balcony day! campaign sponsored by Ticketswap! The campaign calls for people us to raise their glass on their balconies (so at home, maintaining social distance) in honor of our King. The four most beautiful photos could win a TicketSwap voucher. The face in the advertisement resembles that of our King. Is this allowed?
In the Benelux we do not know an exclusive right to our own name. If a company wants to claim a family name as its exclusive name, it will have to file a trademark registration. In the EU, it is sometimes possible to tackle name-hijacking, if it is clear that this name was registered as a trademark in bad faith. In some countries, like China, that protection goes a bit further and there is such a thing as a right to a "personal name".
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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
