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Humour or cease and desist letter? Briliant Ikea campaign to act against infringement Balenciaga bag

Humour or cease and desist letter? Briliant Ikea campaign to act against infringement Balenciaga bag

During Balenciaga’s spring show, all of a sudden an oversized bag is shown on the catwalk which very much resembles the famous cobalt blue Ikea bag, designed by Marianne and Knut Hagberg. However, the shown bag is made of leather and has a zipper. Apart from that, the bag only costs 2.145 dollars. Ikea could invoke its copyrights on the design (which apparently has not been registered as a design right). The shape of common day to day products are protected by copyright, if they can be considered as intellectual creations, where the designer made personal choices. So legal action is possible in this case, but is it the smart thing to do?

Ikea chooses another path, humour. In our opinion, a brilliant move that goes viral and gains overall sympathy among the public. The Swedish marketing company ACNE came with the idea of an online action: the four best tips how to reveal the original Ikea bag (among others of course the price, the original costs only 0,99 dollars)
A legal action might be tempting in case of infringement, but a humorous reaction might be a better alternative. Especially if the targeted audience is completely different, or in the case of social media expressions. When the positive and funny reaction goes viral, more goodwill and advantages will be gained for the company than by a lawsuit. (Source image: ACNE website.)

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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