After the first ruling on the use of brands such as Google Adwords, there is now a second important ruling relating to market places. L'Oreal filed a case against eBay, because counterfeit products were offered on this website. The European Court has indicated that eBay (and other electronic marketplaces on the Internet) is liable if it actively promotes the sale or if they do not immediately remove ad-aware if a complaint is filed.
Hiding behind the e-commerce directive is not possible and that’s good news for brand owners.
The verdict, however, works both ways. On the one hand sites are allowed to advertise using third party trademarks, but they must also have a good take-down procedure in order to report violations. On the other hand companies are expected to adopt active policies to tackle online counterfeit (for example web monitoring).
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
Frambozenweg 109-111
Postbus 2134
2301 CC LEIDEN
Tel: 071-5763116
Fax: 071-5768947
E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
Spoorlaan 460
5038 CH TILBURG
Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300
Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
