Many companies register the design of new products in the EU with a Community Design. This allows counterfeiting to be tackled easily and the company maintains a monopoly on this design. However not every design can be claimed just like that. The design must be novel and have its own character (something creative). However, this requirement of novelty applies worldwide and the authorities in the EU do not actively check this. So the applicant should always check first with the design team (or the manufacturer) if the design is actually new. If this is not the case, third parties can easily cancel the rights.
Rock band Guns N' Roses has been an established name for decades. Its popularity hasn't faded, given the 17 million followers on Facebook. The band holds three American trademark registrations GUNS N' ROSES, one of them for clothing. In 2018 the Californian brewery Oskar Blues launches a beer under the name Guns 'N' Rosé, along with all kinds of merchandise, such as caps, stickers, bandanas etcetera. The band objects.
Since 1993, Frito-Lay has been marketing TIJGERNOOTJES (TIGERNUTS); a peanut with a crispy shell. As result of the baking process, the outer dough layer is cracked. therefore, the nut has a varied pattern in the colours orange/brown and yellow. The baking process had been patented, but its protection has now expired. In order to protect the unique look and feel of the product, Frito-Lay has also trademarked the packaging and the nut itself. When the Aldi introduces a very similar looking product under the name GIRAF NOOTJES, a lawsuit follows.
A Dutch timber company claims it has been contacted by a company called “the Trademark Office” in 2018 with an offer to register it company name as and have it redirected to the website for ten years for an amount of €297,- (per year). An audio recording was made, just form the moment the company agrees to the proposal (at the end of the conversation).
Not only the typography of Coca-Cola is world famous, also the white wave against a red background design has a high grade of recognition. These elements are naturally registered as trademarks. When a Chinese importer starts using a similarly shaped logo, Coca-Cola objects. It starts a cancellation procedure against the EU trade mark, regardless the fact that that mark was filed in black/white with the words PanPan. Nonetheless, the cancellation is successful.
Lacoste has registered its crocodile emblem as a device-mark for clothing. Does this give the company a right to ban any use of crocodiles on clothing? The lawsuit that Lacoste filed against Dutch retailer Hema revolves around this question. In spring 2018, Hema launches new gray shirts and underwear with a variety of animal figures, one of which resembling a crocodile. Lacoste demands a ban, claiming the creatures look too much like the Lacoste logo. Hema in its defense claims that this is an adornment and that the general public does not perceive these creatures as a trademark.
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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
