The use of INN stems in trademarks has caused quite a stir. The World health Organization has issued a memo in 2011 on the use thereof. It is desirable that manufacturers do not base their trademark on INNs and that INNs are not used in trademarks. Because this is merely a recommendation, many countries did not include this in their legislation. The consequence of this is that manufacturers are trying to find the limit of what is allowed. Trademarks are often composed of an INN (or variation on it) in combination with another word that may refer to application, for example. The question is what the extent of trademark protection is for such names.
Nutella’s choco paste is world famous. It is being sold in over 190 countries and has a very distinctive packaging. Ferrero has registered the name NUTELLA, as well as the logo, packaging, and certain elements of the packaging as trademarks in order to protect the unique look and feel of the brand.
UGG Australia is a worldwide success. In order to protect the shape of the boot, the American producer registers a design in the European Union in 2008. Typical elements of the boots include its quilted seams, the fold-over and the wool sticking out from the sides of the shoes.
Many retailers use the trademark of a manufacturer to indicate that they sell these products. There is nothing wrong with that, as long as that use is honest and there is no reason for the manufacturer to oppose this use. That makes sense because a seller must be able to make it clear that it sells these products. To promote sales, sometimes domain name, social media accounts (Facebook etc) are claimed as well, often in combination with words like SHOP, STORE, etc. Is this allowed?
Marks & Spencer has bought the keyword Interflora with Google to promote its website. The website was an alternative to the Interflora ‘s services, because M & S’ floral department also delivers bouquets within a day. Interflora raised objections and after more than five years, the English court ruled this summer that M & S’ use of the keyword is not allowed.
Christian Louboutin has caused a revival of the stiletto heel. His shoes are easily recognizable by its red sole (and the 500.- to 1,000.- Euro price tag). Because of its stark contrast with the rest of the shoe, the red sole is stand out feature on all designs since 1992. It is an exclusive brand that celebrities such as Emma Stone and Jessica Alba swear by. To protect his rights Christian Louboutin filed an image of the shoe as a trademark.
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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
