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Babymilk blenders on bol.com

Babymilk blenders on bol.com

The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the accompanying measuring cup. In order to protect the design, the manufacturer has applied for a Registered Community Design registration for this feature.

 

OmniChannel promotes these blenders through home shopping channels on cable TV, while also offering these products through online sales platforms such as . An EAN code is linked to the product. Other providers at may also use that EAN code as long as it is for the same product. Offering a different/similar product is prohibited by , but is it also legally prohibited?

When OmniChannel found out that its Baby Bullet blender is offered for sale on by an unknown seller, they place a trial order. However, they get a different product, the Happy Baby, which is also a blender containing a happy face.

The Court ruled that offering a similar product for sale under the Baby Bullet name (and using their EAN) constitutes an infringement on trademark and design rights. Result: a total ban on offering this product through web shops and sales platforms as well as compensation of damages. (Source image: rechstpraak.nl)

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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