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Goodle Adwords - L'Oreal vs eBay- Marketplaces liable for counterfeit goods

After the first ruling on the use of brands such as Google Adwords, there is now a second important ruling relating to market places. L'Oreal filed a case against eBay, because counterfeit products were offered on this website. The European Court has indicated that eBay (and other electronic marketplaces on the Internet) is liable if it actively promotes the sale or if they do not immediately remove ad-aware if a complaint is filed.
 

Univé - reverse domain name hijacking: Internet - UDRP procedure domain name infringement

Univé is not the owner of the website UNIVE.COM. This is a Pay Per Click ads website for universities. Univé started a procedure with WIPO to claim the name, based on its trademark registration from 1991, the brand awareness and use of the name since 1949.
 

Advertising Netherlands - Tiger Mascara  - animal abuse?

The new campaign for Maybelline's' The Colossal Cat Eyes shows a leopard and two young tiger cubs on a leash. The mascara (and brush) gives a feline glance. Use of animals in commercials is a very sensitive and because of this a complaint with the Advertising Code Committee was filed.

Advertising regulation in the Netherlands - Parody and tobacco

The Tobacco Act prohibits advertising and sponsorship of tobacco. The secretary of public regularly has to file procedures against covert advertisement of tobacco. Even the parody poster of cinema 'The Ketelhuis' could not be approved. The playful poster, based on the Lucky Strike logo with a warning: “Dutch films are close to your heart" was seen as a form of circumvention of the Tobacco Act.
 

European Community Designs - Prior art

Doll houses for children have been around for many years. However, new variations are constantly coming onto the market. In 2005 Henkes  introduced  a new doll house named DAAAK and applied for design protection in the European Union. Hajo introduced a similar house on the market in 2010.
 

Website names acquire distinctiveness faster - court case Benelux trademark registrations

Within a few years time VAKANTIEVEILINGEN.NL  (vacation auctions.nl) became a leader in online auctions of vacations. In 2010 the site was named the most popular website in the travel category. Success often leads to imitation, and sure enough a competitor launched VAKANTIEVEILING.NL. VAKANTIEVEILINGEN.NL  immediately sued their competitor for the use of this website.
 

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Newsletter: Abcor ABC Magazine

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