The city of Paris registered the brands PARVI and PARVI, PARIS VILLE NUMERIQUE as trademarks in 2002, for Internet communications among other things. The trademark is used for WIFI connections in Paris. Jeffrey Walter registers the domain name JAVI.ORG in 2006. Paris claims this domain name, but the parties do not find an amicable solutions. An UDRP procedure at the WIPO follows, in which Jeffrey claims that he is not in bad faith, for he knew nothing of the trademark registrations PARVI. Paris wins and the domain name should be transferred.
The Dutch Court of Cassation has recently given a very clear verdict on the extent of copyright law. Can a style or trend be protected against passing off if no copyright claims are available? The answer, clearly in line with previous rulings, is NO, unless there are special circumstances.
Misogynistic or sexually loaded commercials can usually expect their fair share of criticism. In the Netherlands the boundry of what is allowed is often being explored. It is clear that internationally the rules are a bit more strict. In England the advertising campaign for PUSSY energy drinks has been prohibited: ‘PUSSY, The drink’s pure, it’s your mind that’s the problem’ (conceived by Trevor Beattie famous for the brand FCUK).
Mother Pucker is a new Lemon Fresh drink. The logo and the label state: 'Lemonade'. A complaint with the Advertising Code Committee (RCC) is filed in response. The complainant argues that (1) LEMONADE gives the impression that this is a soft drink, while it concerns a liquor and (2) that the name is contrary to good taste and decency.
Catering Companies often find it unnecessary to perform a search for their trade name prior to starting their company. This is unwise, because clever catering companies register their name to create a monopoly on the use of it. The Ivy Bar in London is a famous bar where celebrities came, from Marlene Dietrich to Tom Cruise.
Through home-shopper.nl “The Natural Blue Pill" was offered for sale. Although nothing is said about the composition and no medical claims are made, the color blue and the accompanying text suggest that this is an alternative to the famous Viagra pill (the prescription drug and registered trademark). The question is, is this permissible?
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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
