Famous brands have a wider scope of protection. The European Court in the case of L'Oréal / Bellure decided that "It is no longer admissible to sail in the wake of a famous trademark and profit from its reputation and prestige, without a financial compensation." Many court decisions followed based on this case, but they always concerned a wordmark. To date there is little case law on how these rules apply to pure logos (logos without any accompanying words).
Suit Supply’s new campaign “Shameless” caused a lot of commotion. It did not take long before the Dutch Advertising Standards Authority (RCC) was flooded with complaints. The complainants claimed that Suit Supply’s new advertisement was indecent and of very poor taste. The RCC, however, decided that the reference to sexually explicit acts were not of such severity that any moral standard had been breached.
For years Antonio Federici has been making notorious and satirical advertisements. Just like last year this year’s advertisement has been banned by the Advertising Standards Authority in the United Kingdom.
For years now Barbie has been a major success for Mattell. Barbie is placed at no. 97 of the top 100 most important trademark in the world. Naturally her good image must be protected at all times.
Argentine art couple Breno Costa en Guilherme Souza however, decided to make a Barbie calendar in which she poses with her lesbian lover. Mattell, of course, strongly disproves of this calendar, but how successful would a lawsuit in the Netherlands be?
Red Pepper was a very well known advertising company in the Netherlands. Although bankrupt since 2008 its reputation has survived. To this day people associate the name Red Pepper with high quality advertising. When on September 1 a new advertising company was founded with the name Sweet Pepper, Tjeerd de Jong, founder of Red Pepper, was not amused.
Until recently trademark owners in Europe were given preferential treatment by Google. Owners were, for example, able to start a complaint procedure that would disable any and all third parties from ever using their trademark as an adword.
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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
