Slogans that are protected as a trademark are making a real comeback. Since the judgment of the European Court in VORSPRUNG DURCH TECHNIK, proprietors are readily and successfully invoking their rights. The Benelux is no exception.
Red Bull and The Bulldog have been entangled in a legal battle over the use of the name THE BULLDOG for an energy drink since 2003. In 2007 the District Court decides that there is no infringement on the trademark RED BULL. The average consumer does not assume there is a connection between the two trademarks. According to the court there is also no risk of damage to RED BULL’s reputation. The European Court, however, issued a very significant decision in the L’Oreal vs Bellure case, which will have large implications on the fortune of The Bulldog.
The European Court of First Instance has given its first judgment on the scope of protection offered by a Community Design. It appears that this scope is larger than most experts generally assumed it was. The case concerned the protection of a so called flippo. A flippo is a small disc shaped toy that usually has a picture of a cartoon character or any other decoration on it. Often an advertisement is printed on the flippo as well.
For many years now the BURBERRY pattern has been a familiar sight in the fashion industry. Because the pattern is very distinct and recognizable, Burberry has been able to register the pattern as a European figurative trademark. This fact, however, does not stop everyone from introducing similar marks on the market.
This may sound like the beginning of a bad joke but nothing could be further from the truth. A new line of Turkish yoghurt was recently introduced in Sweden containing a picture of a man on the label.
Because of its child friendly character Dick Bruna’s Miffy is often a humorous target. Bruna has more often than not successfully opposed unacceptable parodies on Miffy. For example in 2002 a campaign against rude behavior was revoked for using the same style as Miffy. Since that time, however, the so-called parody-exception has been added to the Copyright Act.
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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
