The court in New York has opened the door for parody in trademark law. My other Bag sells canvas bags with the test “My Other Bag” on the front and a drawing of a Louis Vuitton bag on the back side. The bag refers to the “my other car…” bumper stickers that were popular in the 70’s. Cars used to drive around with this sticker suggesting that the owner had another more luxurious car like a Mercedes. A joke that many Americans still remember today. Louis Vuitton does not appreciate the joke and files a lawsuit.
The European Parliament has approved the new European Trademark Directive, which will come into force on March 23. There are some important changes. The registration fees will be paid per class, which would make applications in less than 3 classes more economical than they are now. The same goes for the renewal of European trademarks.
Louis van Gaal, a Dutch soccer coach, always knows how to get and keep the media’s attention. An advertising agency bought a picture at Getty Images concerning the Dutch soccer team of 2014. The image was a perfect fit for a writing competition. By buying the license the advertising agency took care of the rights of the photographer, but it did not change the rights of the people in the picture, including Van Gaal. Because Van Gaal is famous in the Netherlands, his image has a financial value. Since no fee was paid, Van Gaal demanded € 100,000.- in damages.
Cartoon figures are regularly used to market child products. Ehrman (a big German dairy products company) launches Monster Backe, a friendly smiling dinosaur, in 2006. The character is being used for packaging’s, advertisements and online computer games. To protect the rights, the cartoon figure is registered as a European Union trademark, distinguishing milk and dairy products. When a third party applies for a European Union Trademark for a similar dinosaur, for among others milk, dairy products, pie, candy and coffee products, Ehrman files an opposition.
Some companies work with a series of brands. Almost all products are offered through trademarks that have something in common. One of the most famous examples is McDonald’s. Next to the name of the chain, nearly all products contain the element Mc (e.g. McCHICKEN, McDRIVE and McNUGGET). Both by using these names and registering them as trademark, the company is trying to monopolize the element Mc for food products. And this proves to be successful.
Suit Supply is a company that manufactures and sells reasonably priced quality suits for men. It has also built itself a reputation, in the Netherlands, for its controversial commercials. Also this year, many complaints were filed before the Advisertising Code Committee (RCC), after Suit Supply launched their Toy Boys campaign
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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