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” .
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.
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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
