China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some hijackers go a step further and even seize products that are ready for shipping. An exception to this has been developed in case law. If products are only produced in China for export, then this cannot be a trademark infringement (the so-called OEM exception), as the Chinese consumer does not have any interaction with these products. In addition, the trademark holder must have a registration in the importing country. Recently a Chinese Court broke with this in its “HondaKit” ruling.
Since 2006, the CROSSFIT trademark has been registered in the European Union for fitness training. This fitness program was conceived in America, using car tires and sandbags. The concept and name are licensed to many gyms. When VES (an organization of independent gyms) starts offering a similar training under the name THE CROSS BOX, CrossFit objects to this.
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.
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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
