restaurants. McDonald's opposes this filing because SUPERMAC'S sounds confusingly like BIG MAC. McDonald's bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac's incites a cancellation action against the Big Mac trademark. The trademark is over five years old and the holder must prove that the trademark has been put to real and effective use for the past five years. McDonald's provides figures claiming Big Mac hamburgers sell over 200 million units per annum, along with screen-prints of websites and tons of advertising material.
In January 2019 Abcor has been recommended as Dutch experts in the field of Intellectual Property Law. Last week we were informed to be nominated for best Trademark Law firm 2019 of the Netherlands, after we were the winning company for best Trademark Law firm of the year 2018 in the Netherlands. We thank all our clients and foreign associates who nominated our firm.
In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen. The mark had been sublicensed for bedding until 2015.
Globa Sleep has taken over the estate and assets from the bankrupt Mexx Bedding. Globa Sleep offers box spring and mattresses through Facebook and LinkedIn pages of the former company and the website . After a summoning of Mexx International to stop this use, Globa Sleep states it will change the trade name and domain. But after a few months there is still plenty to be found online, so a lawsuit is quick to follow.
When consumers are bothered by the content of advertising, they can file a complaint with “the Dutch Advertising Code Committee”. This is easy and free of charge. Fortunately, complaints are first assessed by the committee’s chairman, so most foolish complaints are quickly rejected.
The new ASN commercial ‘habitual animal’ received a lot of praise. The commercial discusses banking from a very different perspective and is executed simply brilliantly. For years, ‘habitual animal’ has been doing its banking business with 'the same tie'. When he discovers that 'tie' makes money on things that are bad for nature and animals, he switches to ASN.
Domain names are registered on ‘first come, first served’ basis. This created a new phenomenon called: domain name hijacking. Quickly register domain names with names of famous people or famous brands with the aim of selling them for a lot of money. To stop this, the UDRP was invented, a quick and cheap procedure to reclaim a domain name. The UDRP is still very popular, but sometimes not the best route in a conflict, as became clear by the case of .
As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN logo was registered in black and white in the EU as a device mark for almost all goods and services. A smart move, because that way the logo can be turned for profit. Many of the club’s sponsors (including a beer brewer) bring products to the market with the logo ride along on the popularity of the team. The logo consists of the name with the pattern of the Bavarian flag in the middle. When another Bavarian brewery comes up with a similar logo, the football club objects
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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