A famous trademark may oppose the use of a comparable sign for completely different products. In a trademark application is filed for an orange T-Shirt that bears number 14, which is Johan Cruyff’s (Holland’s most talented soccer player of all time). The trademark was applied for a large amount of products such as clothing, but also cups and watches. Adidas opposes this application based on her famous “three stripes” trademark, and invokes her reputation, accusing the other party of coat tail riding.
Some artists use trademarks to highlight societal problems. For the owner of the trademark in question this is often unpleasant. The trademarks is linked to nasty experiences. In case of a conflict the artist usually invokes his freedom of speech and in many cases this is enough to persuade the judge. Because of media attention many companies even choose not to act anymore at all and simply wait until the storm is over.
Copyright gives companies the ability to act against unwanted copies of their creation. In most cases these are traditional creations such as books, movies or music. It does entail a lot more than that, though. Our High Court decided that scent of perfumes may have a copyright as well. Now there is a comparable case regarding the taste of HEKS’NKAAS, a cheese spread.
A trademark enables a company to stop other from using trademarks for similar and identical goods. Some trademark owners, however, try to stretch their rights to the very limit. Red Bull is a company known to act against any trademark application that contains the word RED or BULL. Recently the court in Germany had a chance to look into such a matter.
German artist Thomas Horn is the creative mind behind the new clothing line PUDEL. The logo shows a black silhouette of a jumping poodle. The word PUDEL is written in the same font as PUMA’s. The trademark was used to sell T-shirts to which PUMA reacted. Horn claimed that his expression of PUDEL was protected by his right to freedom of speech. The trademark was a parody on PUMA and should therefore be allowed.
Google often offers trademarks from competitors as Adword, however, does this mean you may actually use them too? City Box offers (temporary) storage space for goods. The company has registered her logo and the word CITY BOX as a trademark in the Benelux. Boxaround is a competitor. Through the internet this company also offers storage space for rent.
In order to promote its services online Boxaround starts a campaign with Google. The words CITY BOX and CITYBOX are purchased as Adwords in order to promote the online campaign.
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
