VIAGRA is one of Pfizer’s main trademarks. Since its introduction in 1998, the product is a great success with a yearly revenue of little over a billion Euros. The product is available on medical prescription.
However, success has its downside, when third parties try to take a piece of the pie as well. Discussing erection problems with a doctor might be a bit of an embarrassment for many men, which is probably the reason for a flourishing online trade of the product. Research reveals that 60% of the amount of pills sold, is being obtained via illegal trade.
Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However, is one of these criteria sufficient to obstruct another trademark. This is the central question in the ‘Witte Wieven’ cheese case.
An idea itself cannot be protected, only its implementation can. The shape of a product can be protected by copyrights or design rights. If these rights are not available, in the Netherlands one can rely on the regime of unfair competition to protect the shapes of its products. Especially in the case of counterfeiting this ground has been invoked on a regular base. However, what if a third party, by coincidence, develops the same idea independently?
Per April 1, Mirjam de Werd and Frank Schouten joined the Abcor team in Leiden. Mirjam de Werd started her career at a trademark agency and made a transfer to Danone, where she handled the IP portfolio Asia-Pacific as an in-house attorney.Afterwards, she worked as an in-house legal counsel at TV Entertainment Reality Network (new TV-Channel). For the past 15 years, Frank has worked at several trademark agencies, like VO Patents & Trademarks/ Houthoff Buruma Amsterdam/ Merkenbureau Keesom & Hendriks.
In the new Jumbo commercials Max Verstappen is racing from client to client in his Formula 1 car delivering online orders. In less than a day after the launch of this campaign, the online supermarket, Picnic presents a parody. A Max look-alike is driving around at an easy pace making his deliveries. After a short pit stop (where the groceries are being delivered), Max continues his trip trough the Dutch city Amersfoort.
In the year 2001, tapas restaurant ‘the Encounter’ opens its doors in the city of Nijmegen. They register their logo for catering services, in order to protect the goodwill of the restaurant.
In the year 2014, a restaurant named ‘the Encounter Zutphen’ is opened in the city of Zutphen (approximately 50 km from Nijmegen). The party from Nijmegen claims that this is infringement of their trademark rights.
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
