When Max Verstappen applies for the trademark MAX 1 for clothing, Nike objects based on its trademark AIR MAX. In the opposition proceedings, Nike wins. Max Verstappen did not appeal this. This is unfortunate, because there is much to be said against the ruling.
Famous artists, movie stars, athletes et cetera often register their names as trademarks. Not only for the services they provide under that name, but often also to start selling merchandise products. For example, almost every pop star now has their own clothing line or that person has licensed the name and/or image to another company.
Within three months, 34 domain names containing the ANWB brand were registered. In case of domain name infringement, there are two options to put a stop to this. Bringing a case to court or starting a simple administrative procedure at WIPO.
The ruling in Supermac's cancellation case against the Big Mac trademark shook trademark law in the European Union. McDonald's relied on its prior trademark Big Mac in the earlier opposition proceedings. Because this mark was older than 5 years, McDonald's had to submit genuine use. The EUIPO found this insufficient. Fortunately, McDonald's appealed and submitted additional evidence.
NFTs and the Metaverse are a hot topic at the moment. The main question is, should trademark owners now massively re-file all their trademarks to include these digital products and related services?
Amazon's online platform features a mix of ads. On the one hand, advertisements of products offered by Amazon itself, and on the other, third-party advertisements (the hybrid model). It is unclear whether the products are sold by Amazon or by someone else, because the ads are mixed.
Third-party sellers often offer counterfeit products. Amazon takes the position that, as a neutral platform, it is not responsible for this. If infringement is reported, the concerned ads are removed immediately.
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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
