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Max Verstappen still loses to Picnic

Max Verstappen still loses to Picnic

As an introduction of the brand Picnic, the company launched a viral parody of the Jumbo commercials featuring Max Verstappen. Celebrities popularity can be monetized. For that reason Max started legal proceedings against this use. Court agreed with Max and sentenced Picnic to total damages of € 150,000.

 

Picnic successfully appealed against this. The Court in review rejected the claim. Reason: it is abundantly clear that this is a look-a-like. Nobody will think this is Max Verstappen or that he supports this. There is a chance that the case will make it to Supreme Court, because a portrait does not necessarily concern the famous person himself. It must be a recognizable representation (so we expect a follow-up).

In addition, according to the Court of Appeal, the use of a look-a-like is not unlawful with regards to Max himself (this may be different for the Jumbo). Reason: Max’s honor is not affected and the statement is not offensive to his good name. His reputation is not at stake. It is clear to everyone that this is parody and no one will think that he actually supports Picnic’s services. As a result, the claim is still rejected.

Freedom of expression takes a win this time. For advertisers this opens possibilities to use parody with regards to celebrities.

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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