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 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?
Trademark rights are territorial. If another party uses a similar sign in another territory, is it possible to take action against it?
Mansory Design sells tuning kits. These allow the appearance of an "ordinary" Ferrari 488 GTB to be transformed into a particularly expensive Ferrari FXX-K model. The distinctive features of this FXX-K model are the V-shaped hood and front spoiler. Ferrari did not file a registered design application for this, but nevertheless wanted to stop these tuning kits and therefore invoked an unregistered community design.
It seems as though an increasing number of copycat trademarks are being filed in Russia, especially copying large corporations that decided to cease or suspend operations there. Will these applications all be approved now?
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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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
