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Ban on Pepsi copycat

Pepsi has been using the Pepsi Globe logo since 1991, consisting of a round sphere with wave shaped surfaces in the colors red, white and blue. Since then, the logo has been restyled a number of times, but the colored wavy surfaces were always continued. According to Forbes Pepsi holds position 29 of the world's most valuable brands. Given the reputation of the brand, it is not surprising that others would like to take advantage of it.

Advertising law Picnic parody: compensation Max

Picnic, a chain of grocery stores, has put himself in the spotlight in one strike with parody of a competitor’s commercial starring popular formula 1 driver Max Verstappen. As hoped and desired, the campaign went viral. The fact that this infringes upon Max's portrait rights only increased the effect. For a normal ad campaign to achieve similar impact the costs would be ten-fold. Because Max has a convertible popularity, a lawsuit followed in which he demanded 450,000 euros compensation.

HEMA fined €4.5 million - trademark infringement Levi's arcuate

Levi Strauss puts a lot of effort in securing the reputation of its jeans’ brands. The company has registered many marks and signs as trademarks. Not only the name LEVI'S is protected, but also type numbers (501 etc.), names, logos, the characteristic red pocket-label and it’s typical stitching. That makes sense, because for example the V-shaped stitching on the back pocket (Levi's arcuate) is a very distinctive sign. Consumers recognize the jeans as real Levi's.

Free-riding on World Championship Football

Can you free-ride on the wave of publicity surrounding the World Cup as a company? In principle you can, as long as this is not in conflict with any statutory regulations and no third party’s rights are infringed upon. But, taking into account the large financial interests, FIFA is doing everything possible to keep the goodwill of the World Cup exclusively for its sponsors. That is why FIFA has again registered a huge number of new trademarks (including RUSSIA 2018) and designs. Better not use these (nor variations on them) and do not offer tickets.

Grumpy Cat victorious in court

Presumably Crumpy Cat is the most famous cat in the world. The cat’s (real name Tardar Sauce) career was launched in 2012 when its picture was published on Reddit. The dwarfish face of this grumpy creature goes viral (the official FB-page has 8.7 million likes). The cat’s popularity soon motivates the owner, Tabetha Bundesen, to start the company Grumpy Cat Limited. The cat’s face and the name, Grumpy Cat, are claimed as trademarks in the US and several other countries for a diversity of products.

Jesus and Maria advertisements violating the public morals

Advertising is legally protected by the constitutional right, freedom of speech. However, can this freedom be limited if certain advertising is harmful or insulting to certain religious groups? This question arises regarding the campaign of the Lithuanian clothing company, Sekmadienis. On the posters there is a man accompanied with the text: “Jesus, what a trousers!”, another poster shows a woman with a bead and the text “Maria, what a dress!” and on the last one Jesus and Maria together with the text: “Jesus Maria, what are you wearing!”

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Newsletter: Abcor ABC Magazine

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