Using a trademark in a joke about the latest news is mostly allowed as a parody. However, where is the crossing line between making a parody and commercially profiting? We see this question arise repeatedly when companies use well-known trademarks or persons in a humoristic way in their marketing.
In Europe there are certain guidelines one must follow when it comes to packaging of products. It is important that the packaging does not mislead the consumer as to the products and their ingredients. But where exactly is the line that determines what is and what is not misleading?
German manufacturer Teekanne sells tea under the name Felix Himbeer-Vanille Abentuer. On the packaging raspberries and vanilla blossom is depicted and it states “fruit tea with natural aromas” it also has a seal that says “only natural ingredients”. A look at the listed ingredients, however, clearly shows that there are no natural elements in the tea at all.
Fuelplaza exploits gas stations under the name OK. The company registered the logo OK in 1983 in the Benelux. On the internet the company is found at ok-olie.nl. Because ok.nl is a much better name the company approached Goas in 2007, 2013 and 2014 to buy the domain name. This was unsuccessful, and eventually a resolution was sought in court.
Fuelplaza invokes its trademark rights. Because there is not an active website, consumers would assume that the company is not active. This may affect the reputation of the company.
In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New Looks. This likeness is not be accident. A picture of the Basil Denton product served as its inspiration. The director did not want an exact copy, claiming: “We would like to change the baskets a little bit so that they are not exactly the same as Basil”. Basil demands that the baskets are removed from the market.
In June the new logo for the 2020 Olympic Games in Tokyo was leaked. The logo was designed by the Japanese artist Kenjiro Sano and is based on the capital T, referring to Tokyo. Aside from the bent edges the red dot is also a prominent feature, it symbolizes a beating heart and the Japanese flag. According to Belgian designer Olivier Debie the new logo has been plagiarized.
In the Benelux there are no separate rules for the registration of personal names as a trademark. Since 2012 Roy Donders has become famous, thanks to various TV shows. In 2013 a marketing agency registers the trademark ROY DONDERS for clothing in the Benelux. After this the agency contacted Roy Donders and proposed to work together. At the time Donders was busy with a marketing campaign for a supermarket. Matters quickly escalated after that.
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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
