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Battle of slogans between Merci and Leonidas

Battle of slogans between Merci and Leonidas

In 1965 Storck (the German manufacturer of Merci) introduces the brilliant idea to market chocolate specifically as a gift. Chocolate for friends to show your gratitude. Therefore all commercials end with the pay-off “Merci, for being you” (or similar slogans in other languages). By using a slogan consequently for a prolonged time, it becomes distinctive, and therefore, the phrase can be registered as trademark.

When Leonidas launches a similar campaign, using the slogan ´because its you´, Merci is not amused and things escalate. De court judges that this slogan is an infringement of the rights on the famous slogan“Merci, for being you”. The slogans are similar to the extend that the public will associate them. The additive ´Leonidas´ does not compensate this.

Recently we saw a similar conflict between beer manufacturer Bavaria and Your Hosting. Bavaria claimed Intellectual property rights on its slogan ‘Zo. Nu eerst’, or ´So. Now first´. In First Instance Bavaria´s claim was granted, but fortunately the court rejected it, stating that the slogan was too commonplace to obtain protection based on Intellectual property rights. Therefore, if a slogan (even if it is commonplace) is of great importance, protect it as a trademark.

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

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

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