Dog Diggin Design sells products for dogs, such as dog beds, dog pillows and dog toys. When the company applies for trademark registration of the word mark HAIRMES, Hermes objects.
Dung Young Food Services started a wholesale store specializing in Asian products in 1957. Since 2011, they have been selling more than 150 different products under the private label AKAYA in six countries. However, the company forgot to register its trademark.
Internationally, the US Supreme Court's ruling on whether the Bad Spaniel's dog toys infringe on the Jack Daniel's trademark is eagerly awaited. VIP Products makes these chew toys in the shape of famous liquor bottles with similar labels. In the place of 'Jack Daniel's Old no 7' the products now depict 'Bad Spaniel's Old no 2' and '40% alcohol' has been replaced with '43% poop'.
When a logo depicting a stylized rabbit's head is filed in the European Union for clothing and sex toys, Mercis objects. After all, Miffy is known worldwide for its child-friendly innocent image. Miffy has been registered as a figurative trademark in several variations for among others books and clothing, but not for sex toys. For that reason, Mercis also appeals to the notoriety of the character Miffy.
Companies sometimes think they are safe once their trademark is registered and that possible older similar marks can then no longer be a problem. This is not correct. Sometimes a company does not know that a similar mark is registered and only commences an action when confronted with it. Even then, all rights can be asserted. This used to be possible only through the courts, now it is also possible in a simple cancellation procedure with the trademark authorities.
Often companies forget to include separate clauses in cooperation agreements about the use of trademarks. For example, may a distributor register domain names or social media accounts in which the trademark appears? Should these then be transferred free and immediately if the parties part ways?
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
Frambozenweg 109-111
Postbus 2134
2301 CC LEIDEN
Tel: 071-5763116
Fax: 071-5768947
E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
Spoorlaan 460
5038 CH TILBURG
Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300
Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.