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Association sufficient to ward off Swoosh

Association sufficient to ward off Swoosh

Famous brands have a wider scope of protection. The European Court in the case of L'Oréal / Bellure decided that "It is no longer admissible to sail in the wake of a famous trademark and profit from its reputation and prestige, without a financial compensation." Many court decisions followed based on this case, but they always concerned a wordmark. To date there is little case law on how these rules apply to pure logos (logos without any accompanying words).     
 

Now finally there is a decision in Europe that concerns a famous logo. The issue revolves around Nike’s “Swoosh” logo (an extremely well known brand) and a similar logo for shoes from a Chinese proprietor. The Court has ruled that the logos are not confusingly similar. But the marks resemble each other enough to be associated with each other. Confusion is not required for a reputable brand, association is sufficient to take advantage of the reputation of the Nike logo. Nike therefore won this case based on the reputation of her logo. A victory not only for NIKE, but for all famous figurative trademarks in general. in any countries in which you may use it.
 

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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