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Picnic parody: compensation Max- advertising and online exposure

Advertising law Picnic parody: compensation Max

Picnic, a chain of grocery stores, has put himself in the spotlight in one strike with parody of a competitor’s commercial starring popular formula 1 driver Max Verstappen. As hoped and desired, the campaign went viral. The fact that this infringes upon Max's portrait rights only increased the effect. For a normal ad campaign to achieve similar impact the costs would be ten-fold. Because Max has a convertible popularity, a lawsuit followed in which he demanded 450,000 euros compensation.

In the lawsuit, reports were submitted to substantiate which compensation Max would normally receive for appearing in a commercial. It is unclear whether a calculation was made how much this campaign has saved Picnic. The court ultimately determines the compensation at € 150,000. In my opinion a pittance, given the purpose of Picnic to put their brand on the map in one go. The argument that the Picnic cannot be blamed for the campaign going viral does not hold much water. In fact, that is precisely what it was intended to do. Hopefully parties will appeal, allowing this factor to be included. It cannot not be that intentionally infringing behavior is rewarded in the Netherlands.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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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

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