Copyright also applies to works of applied art. Because trends change rapidly in the garments-/fashion industry, manufacturers often rely on unregistered designs or on copyright to protect their designs. The disadvantage, of course, is that the burden of proof of the copyright lies with the manufacturer, whereas in the case of a registered design, the court assumes this. This plays an important role in, among others, the clothing of designer Nikkie Plessen.
Trademarks are sometimes used in works of art. Well-known examples of recent years are: Darfurnica by Nadia Plesner with the Louis Vuitton bag and Banksy’s Dismaland (Disney trademarks). Trademark owners often let this slide, in order to avoid negative publicity. However, can trademark holders entitled to demand a ban? And can the artist invoke freedom of expression? Is the use of a trademark in a work of art a valid reason to infringe the trademark holders’ rights?
Dutch TV host Arjan Lubach mercilessly exposed the practices of RUMAG last season. Rumag markets T-shirts with famous quotes translated literally, in ALLCAPS separated by dots instead of spaces. This firm’s owner is quoted claiming that there can be no copyright infringement when translating quotes from others, as this would be gray space. Is this correct or is this really a bullshit story?
Humor is not equally appreciated by everyone. After the riot with Jan Kooijman, sauce maker Remia is back on the game with its BBQ sauce advertisement. On the label of “Black Jack Smokey BBQ sauce” is stated: "For real men only" and "Real men, real meat, real sauce ... Meat is for men, vegetables for cows!" A complaint is made on grounds of gender discrimination and offensiveness to vegetarians and vegans. The statement is therefore offensive and in violation of Articles 2 and 4 of the dutch media code, so it must be prohibited.
Two requirements have to be met to claim design protection of a product through a registered design. The design must be new and have its individual character. A product has individual character if it makes a different overall impression from already existing designs. The freedom of the designer plays a role in this (designs may vary a lot or a little). If that freedom is very limited (for example due to technical requirements), smaller differences will be sufficient for a different general impression. The basic shape for the Porsche 911 dates from 1963. Almost every year Porsche makes slight design modifications, for which design rights are claimed. Is this possible?
Bentley Clothing has been selling garments, such as T-shirts, sweatshirts and hats, in the UK since 1962. Their products sell at prices between £ 25 and £ 45. Bentley Motors, also from the UK, has been known as a car maker under the brand BENTLEY for almost 100 years (its entry level model starting at £ 135,000). In addition to cars, the company sells clothing with the stylized B logo (not using the wordmark Bentley).
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
