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Accelerated procedure for infringement

Accelerated procedure for infringement

Since two years, Dutch legislation has to comply with the new European rules on enforcement of IP rights. As a result, a new procedure has been introduced in the Benelux. If there is a clear infringement of existing IP rights (such as trademarks or designs), then the judge can immediately issue an injunction without the other party having to clarify its position.

 

For example, Chiquita Brands was able to quickly demand an injunction against the use of its logo on the porn site goedkopekutspullen.nl (cheapworthlessstuff.com)

The judge ruled that the logo on the website was an adaptation of Chiquita’s globally known figurative mark and that the reputation of the brand was seriously affected.

There was a similar ruling two weeks earlier. Chupa Chups requested – and received – an injunction against the use of a very similar logo (spelling of the trademark) on the porn website chupatolly.com.

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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