It is a common thought among entrepreneurs that IP rights have no value in China. Nowadays, this (mis-) conception is completely outdated. In 2015 Chinese companies filed more than a million patent applications (a third of the total amount of 3 million patent applications worldwide). Whereas American and Japanese companies filed half a million applications each. China is also the number one country regarding trademark registrations. In 2015 a vast number of 2.8 million trademark applications were filed in China. As a result, an increasing number of Chinese companies can be found in the court of law as the demanding party in trademark infringement cases.
In 2012, Trine Anderson designs the Wire Basket. She created this design as an employee of the firm Ferm Living. In the Netherlands the copyrights belong to the company if the products have been made by employees (as part of their job). Many (daily used) products can be protected by copyrights. However, if no possible creative choices have been made (as the shape is too basic), the design cannot be protected. The Burly Basket Round, introduced by the company Lifestyle, has a great resemblance to the Wire Basket. This raises the question if the Burly Basket Round is an infringement of the copyrights of Ferm Living. Lifestyle states that, due to the trivial and functional shape of the Wire Basket Round, no Intellectual property claims can be made.
Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy behind this is that non-visible parts should be replaceable at all times. Therefore, the manufacturer can only claim design rights for the parts which are visible. However, how far can we take this?
Drinkopoly is a remarkable game. Basically, the main goal is to drink with your friends. As you can imagine, playing the game is a unique experience every time, because one simply does not remember the previous encounter. The logo speaks for itself, showing a drinking couple, with one of them laying on the ground, completely drunk. When trademark protection is being sought for the logo of Drinkopoly, Hasbro (the producer of Monopoly) opposes the application.
Spring this year, part 4 of the eBook series IE- in bedrijf, which Theo-Willem co-authors was launched. The series follows the life cycle of a company (from start to sale).
When is the use of a text or design Trademark infringement? An important question, since the increasing use of words and bright colors on t-shirts and sweaters.
H&M sells sweaters with the word CHIEF and the face of an Indian printed on them. Jeans Centre summons H&M to stop the sale, claiming infringement of it´s trademark CHIEF. H&M disagrees and continues the sale.
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
