German artist Thomas Horn is the creative mind behind the new clothing line PUDEL. The logo shows a black silhouette of a jumping poodle. The word PUDEL is written in the same font as PUMA’s. The trademark was used to sell T-shirts to which PUMA reacted. Horn claimed that his expression of PUDEL was protected by his right to freedom of speech. The trademark was a parody on PUMA and should therefore be allowed.
The court did not agree with him. The new logo is suspiciously similar to PUMA’s and is being used for the same goods. This means there is trademark infringement. In trademark law there is no such thing as a parody exception. A claim to freedom of speech is therefore misplaced. The logo is used in such a way that it profits from PUMA’s reputation. Of course PUMA fully agreed with this. Use of the logo in a satirical magazine is not a problem, commercial use however is a leap too far.
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.
