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” .
In many countries trademarks have to be used within 5 years, if not, third parties can initiate a cancellation procedure. Could this rule be used, to obtain a well-known trademark which is not being used anymore? This question was recently brought before the German Court.
Scotch & Soda sells down jackets since 2012. When Esprit launches a similar jacket in 2015, Scotch protests, claiming its copyrights (No European design was timely filed). Esprit stops the sale in the Netherlands and is willing to pay for the damages, but not for the whole European Union.
Last year, an interesting ruling was passed by the judge regarding the use of stock photos. Normally, stock photos are protected by copyright law. The main rule is, that an intellectual creation has to be made independently. In short, creative choices have to be made. In case of pictures, these conditions are normally met given the composition, the angle, the use of light etc., but is this also the case with stock photos? Clearly not, according to a car company that used a close-up picture of a temperature gauge in a car.
In our profession, fraudulent or misleading invoices remain an ineradicable evil, which is spreading all over Europe. It is important that companies file a report (in the Netherlands there is a specialised helpdesk, Nationale Fraude Helpdesk info@fraudehelpdesk.nl) in case they are victimised. Only then, it will be clear to everybody, how high the damages actually are.
Well-known trademarks have a broader protection against third parties that seek to take advantage of their reputation. How far does the protection reach?
For many years, Apple has been one of the most valuable trademarks in the world. The brand is known for more the 35 years, as innovative and has a formidable reputation. The Apple logo is a distinctive sign that appears everywhere (for example on the iPhone and iPad). When Pear Technologies from China files for protection for a stylized pear to distinguish ICT software products, Apple files a complaint.
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
