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D-Reizen: bankruptcy and trademark rights

D-Reizen: bankruptcy and trademark rights

As a result of the pandemic last April, the curtain dropped for D-reizen, one of the largest tour operators in the Netherlands. On March 12, however, all trademark rights were suddenly assigned to another entity, keeping the rights outside the bankruptcy. Immediately the question arose whether this constitutes a fraudulent act (a transfer of assets that is disadvantageous to creditors)? Probably yes, given the fact that parties are facing each other in court.

 

The incident clearly shows that companies should not record such assignments at the last instant. Many companies consciously place all their IP assets, such as patents, trademarks and domain names, in separate IP Holdings. These IP holding companies then license the right to use the trademark to the operating company.

So don’t automatically register your IP in name of the operating entity. If part of the goodwill should be secured, ensure that it is held somewhere where it cannot be touched and do so in a timely and correct manner.

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

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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