Ray-ban sunglasses are offered for sale on a closed Facebook group called 'Marketplace without rules' with the following text: "This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be found cheaper. More than 280 models in varying colours." A representative of Ray-Ban places a test order and unveils the person behind the Facebook page. When this person refuses to sign an undertaking agreement, parties meet again in court.
Red Bull has a reputation of vigorously enforcing its trademark rights. Actions are taken against every new player in the market for energy drinks, using the word BULL or any other animal depicted in the logo. Sometimes the branding differs so much from the Red Bull trademark that it becomes questionable whether a consumer will confuse them. But as the Red Bull trademark has been such a well-known brand for years, it can often act successfully against “infringers”.
It’s no secret that Lidl regularly has private labels that have striking similarity to those of well-known A-brands. Think of Zagerman sausages (vs Stegeman) and Duetti chocolate spread (vs. Duo Penotti). Only rarely do these teasers actually make it to court. However, this spring the judge had to rule on a new trademark for beer.
In 2011 and 2012, Neymar was named best football player in South America. Ever since that moment, NEYMAR trademarks were registered all over the world taking advantage of his success. Not only in Brazil, but also in the EU, Turkey and Morocco trademarks were filed for all kinds of products like clothing, food and drinks. Mostly without the consent of the football player.
A legal battle has been going on for years about the very nice domain name . Gaos has registered this domain name as far back as 1999. Fuelplaza operates petrol stations and has owned the OK logo since 2003. The company uses the domain name online. The domain name is howeverpreferred. First the company attempts to buy the domain name. If this does not work, several lawsuits follow, up to the Dutch Supreme Court. Gaos plans to use the domain name for a social purpose, it claims, but it still has no active website on the URL. Is that allowed?
The annual CTA China Trademark Festival is one of the biggest IP conferences in China with over a 1500 attendees. MARQUES hosted the forum ’Chinese brands go to Europe’ in order to provide guidance on protecting and managing Chinese brands in Europe which was focused on administrative and enforcement procedures. Mirjam de Werd, trademark attorney at Abcor and vice chair of the Marques China Team, was one of the speakers and presented ‘enforcement of Chinese IP right in the EU’.
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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