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Fight over a cats basket

is a basket made of straw in the shape of a teepee copyright protected

Copyright does not only apply to art with the capital A. Also daily used articles are covered by its protection. However, the product (a work) must be an original creation. In short, creative choices have to be made. If another company launches a very similar product, this can be a copyright infringement.

A Dutch wholesaler creates a special kind of cat basket. A basket made of straw in the shape of a teepee. Another Dutch company launches a virtually identical basket, the Boony basket. According to Boony, that is no problem, because a pet basket cannot be protected by copyright. The court disagrees. Never before have there been cat baskets in a teepee shape made out of straw. This basket therefore is a copyrighted work. Both the original and later Boony basket have a teepee shape, are made of rattan and the color is identical. This makes the overall impression the same. Consequence: infringement, a sales ban and a product recall (in addition to the paying legal costs of claimant, amounting to almost € 13,000). Source image: LegalTree

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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