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Talensshop.nl: suggestion of a commercial relationship

Talensshop.nl: suggestion of a commercial relationship

Many retailers use the trademark of a manufacturer to indicate that they sell these products. There is nothing wrong with that, as long as that use is honest and there is no reason for the manufacturer to oppose this use. That makes sense because a seller must be able to make it clear that it sells these products. To promote sales, sometimes domain name, social media accounts (Facebook etc) are claimed as well, often in combination with words like SHOP, STORE, etc. Is this allowed?

Regarding the domain name TALENSSHOP.NL the Hague Court issued that this was not allowed. Use of the domain name and social media accounts is also trade name use. This use not only promoted the products, but the company of the owner and suggested a commercial relationship with the proprietor.

The proprietor of Talens Shop had anticipated this and put a disclaimer on the website. In the opinion of the Court, this was insufficiently clear. The message “independent Talens dealer” to no avail. Result: infringement, domain name transfer and pay costs almost € 50.000, -.

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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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