Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours in gold and nickel) with a bottom plate made of marble. To protect its rights both tables are filed as European designs. When a similar table appears on the market Eichholtz demands a prohibition on this. The other party claims that the design registrations are not valid. The design would not be new and does not have its own character since it has the same shape as the Ascher-diamond. The main question is whether use of the same design for a different product affects novelty.
The advertising commission received a complaint about a liked message on the Facebook account of a grand café. The ad shows Patsy and Edina, who are apparently famous for being in a TV show called “Absolutely Fabulous”. The ladies claim that:
“If anyone tells you it’s too early to drink wine… unfriend them. You don’t need that kind of negativity in your life!”.
The plaintiff states that this message is in contravention with paragraph 14 of the Advertising Code. It encourages people to start drinking early and pretends that the risks of addiction are something to laugh at.
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.
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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
