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European Community Design – Ban during opening at Trade Mart

European Community Design - Ban during opening at Trade Mart

Christina Arvin Hembo is a jewelerry designer from Denmark. Her jewellery is composed of expensive material such as gold, silver and precious stones, which can be attached to leather bracelets. Each piece of jewellery has its own name, such as passion heart and four leaf clover. The jewellery is for sale in over more than twenty countries, through various distributors, such as th company Endless. In order to protect her rights Christina has protected her creations as European designs.

Problems arise when Endless starts to offer jewellery that is very similar to Christina’s designs. Even the names of the jewellery is identical, such as passion heart. The only difference is the price, which is lower. When Christina notices that this collection is about to be presented at a large fair in Utrecht, she files legal action and requests a ban on the products.

The court decides that the jewellery is in all likeliness an infringement on Christina’s IP. Because the fair was about to open the very next day Christina was allowed to enforce a ban on the stand of Endless, along with a potential fine of € 15,000 per day. Strategically this was a very good move. Not only did it hurt the infringer financially, but publicly as well.

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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