Dutch radio-station “Radio 538” has a reputation for making controversial campaigns, resulting in many complaints before the RCC (The Dutch Advertising Code) after the launch of every summer campaign. It is remarkable that the Netherlands seem to have become more prudish lately. See, for example, the Shameless campaign of Suit supply, featuring a lady drinking coffee while being “taken” on the kitchen counter (this campaign was allowed after all). The new 538 commercial features a young woman, dressed only in a top, sitting in front of a blower-fan with her legs opened towards the viewer. A domestic cat is placed in front of her on the couch, blocking the view of the model’s genitals. According to the complaint, the image of the woman creates an association with pornography. The billboard is placed in plain sight at bus-stops. Therefore the campaign is allegedly immoral and lacking good taste.
Until a few years ago design law was of minor importance in the Benelux. Those days are over now. Over the last few years multiple decisions have been issued based on registered EU designs, like in this Honda case. Honda has protected the shape of its HONDA MSX125 as a registered EU-design. A Belgian distributor introduces a similar design on the market and the case is taken to court.
It is common knowledge that fame and fortune has its price. So, what about the privacy protection of ordinary people? As a rule, pictures of persons (with the exception of ordered portraits) can be used freely to a certain extent. The Supreme Court in the Netherlands has previously ruled that also ordinary people are entitled to protection, if they are being depicted for commercial purposes, as can be concluded from its decision in the IT’s Disco dancer case. The audience might think that the person in question authorized the use of the picture and/or supports the campaign. This protection is often in conflict with the corporate freedom of speech. The question which of the two prevails is being considered in the Schiphol Picture case.
For the new Magnum Ice-cream campaign, Unilever files the trademark RELEASE THE BEAST. The trademark is claimed for ice cream and ice lollies. Monster opposes on the basis of its word trademark UNLEASH THE BEAST, registered in 2011 for non-alcoholic beverages. The Benelux Office for Intellectual Property (BOIP) denies the opposition because the goods are not considered similar. Monster successfully appeals the decision.
Three Dutch professional football players launch the fashion trademark BALR in 2013. The black and white T-shirts with the print BALR have become popular and well-known. Especially when Angel di Maria, a famous football player, is spotted in a BALR t-shirt. The trademark is registered in 2015 for a wide range of products. In February, BALR is tipped off about the possible sale of counterfeit products.
Mascha Feoktistova is a well-known vlogger (her Beautygloss vlog has over half a million followers). She publishes a video about her Botox treatment on YouTube. Firstly claiming that she wants to treat herself to a present, but at the end of the video stating the following: “Jani, of all people, if I would do it, I would do it with you, he is simply the best, docters.inc is very professional…in the end I got the treatment for free, very sweet but it was agreed upon beforehand” .
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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
