The European Court of First Instance has given its first judgment on the scope of protection offered by a Community Design. It appears that this scope is larger than most experts generally assumed it was. The case concerned the protection of a so called flippo. A flippo is a small disc shaped toy that usually has a picture of a cartoon character or any other decoration on it. Often an advertisement is printed on the flippo as well.
Pepsico registered a disc shaped toy in 2003. On the basis of an older registration a cancellation procedure is started against Pepsi. The older design was registered for “metal discs for games”.
The two designs were not identical in appearance at all. One design has a profound curvature and sports two circles. Despite these differences the Court of First Instance still decided that the two designs were similar enough to create confusion with the consumer.
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.
