AMS Neve manufactures and sells audio equipment in the United Kingdom. The trademark 1073 is registered in the European Union for recording equipment in class 9. AMS Neve files a lawsuit in England against Heritage Audio from Spain, for selling counterfeit equipment under the mark 1073. As proof, twitter messages and e-mails directed at English consumers are submitted.
Petsbelle designs, produces and markets scratching posts. In order to protect the design of its products, the company applies for European design protection. There are two important requirements for a European design registration. A model must be novel and have its own character. Novelty is often a problem. Many companies first want to test the waters before incurring the costs to claim their rights. In the European Union it is therefore possible to claim design rights up to twelve months after first disclosure. However this grace term is hard.
This January 17th our colleague Jos van der Linden passed the final exam of the 2 year professional training and certification program of the Benelux association of Trademark and Design Attorneys, for which he received the official certificate. Of the 22 candidates with whom the course started in 2018, 13 received the highly coveted certificate on this day.
After a rather ominous period of silence, last January 24th the European Union and the UK placed the necessary signatures in order for England to formally leave the EU on January 31th. It is important to note that a transition period has been agreed upon which, which will last until the end of 2020. Until that date all existing EU rights will continue to apply in the UK. So for the moment nothing will change for holders of EU trademarks and designs. Also English representatives will remain authorized to act before the EUIPO and EU courts, at least until that date.
Copyright does not only apply to Art with a capital “A”. Products of applied art are also often seen as a creation. If this is the case, then a work is protected by copyright and slavishly copying it is not really sensible.
When choosing a title for an online game it is wise to check whether this name can be used freely. 3D Realms, developers of Duke Nukem, learned this when it announced the name of its new game Ion Maiden. British heavy metal band Iron Maiden has registered its name (and logo) in many countries (including the US) to prevent coat-tail riding.
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
