For advertising campaigns clients often require that they are indemnified against possible infringements of intellectual property rights owned by third parties. The consequence of this is that a possible claim can be passed on to the advertising agency.
The logic behind this reasoning is that the advertising agency knows what it does and can regulate the rights to images. Indemnification, however, does result in larger obligation to provide information to clients, especially if the concept is a combined idea.
The Dutch Dress campaign by Bavaria has been named the most successful campaign of 2010. In social media, the Bavaria Babes were also the topic of the day. Remarkably Bavaria has never acted in response to their success, which given the hype, is really strange.
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 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.
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.
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.
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
