Spyder Active Sports, an outdoor brand, has secured registration for its logo across a diverse array of outdoor merchandise, spanning sporting goods, watches, bags, and apparel. When a similar logo is filed for clothing, Spyder promptly raises objections.
In 2007, Red Bull initiated legal action against the introduction of The Bulldog energy drinks, citing trademark infringement. The contention was that the trademark "The Bulldog" bore resemblance to Red Bull due to the shared element of "BULL". In 2010, the court sided with Red Bull on this. However, The Bulldog contested this decision, escalating the matter to the Supreme Court and eventually the European Court, arguing the legitimacy of their trademark use. They asserted that energy drinks were a natural extension of their offerings in coffee shops and that the trademark had been used in good faith for this purpose over several years. Eventually, The Bulldog's position was vindicated.
The start of a new year often marks the beginning of new rankings of trademark agencies worldwide. Some of these rankings are particularly important to us because they are conducted by objective agencies and cannot be bought. The ranking is based on interviews with clients and companies we work with. One of the most important rankings is the WTR1000, an annual global ranking based on independent research by an objective team with feedback from our clients.
In January, the final oral exams were held as part of the Professional Training of Benelux Trademark and Design Attorneys. This exam marks the culmination of the two-year course. This year, 15 candidates from Belgium and the Netherlands were examined. Our colleague Louis Keijzer did particularly well. Both Louis and Abcor are extremely proud that he passed this practical exam as the best Dutchman.
The one who first applies for a domain name, gets that domain name. Even if it contains a trademark of another company. Through a UDRP procedure, a trademark holder can fairly easily try to repossess such a domain. With Dutch domain names, you have to prove that the domain name is (virtually) identical, that the defendant has no right of its own pertaining to that name and that the domain name was registered or used in bad faith.
The design of a product can be protected as a design if it is novel and has individual character. Some products are composed of many different parts. This is known as a composite. With composites there is an additional rule, namely that this part must be visible in normal use. But what exactly is a component part of a complex product?
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
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Tel: 071-5763116
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E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
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Visiting address Belgium
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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
