A professional illustrator is commissioned by a Dutch broadcasting company to make a silhouette drawing of a Santa-Claus figure seated on horseback. A few years later, this image (be it mirrored or not) finds its way onto gift-wrapping paper (beside other drawings). The wrapping paper can be purchased online. The vendor also claims having the copyrights on this design. Because the image was used without permission and because of the unjust copyright claim, this forms an infringement of the copyright and personality rights of the original creator. The damage is estimated at € 5.000, -. So far it’s a simple / clear case.
Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with this by using a similar logo, but with a different brand name. However, that doesn’t stick.
Copyright does not only apply to art with the capital A. Also daily used articles are covered by its protection. However, the product (a work) must be an original creation. In short, creative choices have to be made. If another company launches a very similar product, this can be a copyright infringement.
This summer Ilja Gort, a well-known Dutch writer, musician and wine maker, made his way into court again. This time, the question was whether the brand “Dutch Tulip Vodka” is an infringement of the trademark rights of Mr Gort’s “La Tulipe” wines. Parties had not been able to reach a settlement, neither outside the court nor in chambers, so in the end the court has to decide this case.
To prevent third parties from using the name and heritage of John Lennon, Yoko Ono has registered the name as a trademark. The word mark JOHN LENNON is registered for a wide range of goods and services, including soft drinks. When soft drinks are offered using the name JOHN LEMON, advertised depicting, inter alia, the iconic glasses of John Lennon, she objects successfully. The parties reach a settlement. The soft drink is renamed, holding sufficient distance from the name John Lennon.
Positive ratings one ones website can be very important. For that reason, it seems attractive to bend the truth a little bit as a company / website manager. For example, can you make selections in the reviews being showed?
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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
