Fortuna has a website with information on boat trips. On one of the pages a picture is shown of Volendam, comparable with the picture below, without a notification of who the photographer is. An intern downloaded the picture from the internet. The photographer is Van Loo, a professional photographer. When he sees the picture on the website, he writes a letter to Fortuna seeking a settlement, while claiming three times the usual amount in damages. The first time for the use of the photo, another time for payment after the fact and a final time for not presenting his name on the picture. (This is obligatory according to the Photographer’s Federation’s terms of delivery)
Fortuna removes the picture, but does act on the proposal. A law case follows, in which the judge sides with Van Loo. It did not matter that an intern placed the photo online, a professional company has the obligation to check who made the photo. Fortuna also has to pay the compensation claimed by Van Loo, as well as the largest part of his legal expenses.
Call us: 071-5763116 or send an e-mail to: info@abcor-ip.com
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.
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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E-mail: info@abcor-ip.com
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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
