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BEYONCÉ vs FEYONCÉ – trademark rights and parody

BEYONCÉ vs FEYONCÉ - trademark rights and parody

Using a trademark in a joke about the latest news is mostly allowed as a parody. However, where is the crossing line between making a parody and commercially profiting? We see this question arise repeatedly when companies use well-known trademarks or persons in a humoristic way in their marketing.

It goes without saying that Beyoncé is one of the most popular and leading artists in the world. To avoid abuse of her name, BEYONCE is registered as a trademark for as wide scale of products. Not only for audio recording and life performances, but also for cosmetics, clothing and merchandising products. When the firm Feyoncé enters the market with a drinking cup ‘FEYONCÉ’ with the caption “he put a ring on it” she demands a prohibition. Feyoncé defends the phrases on the cup, claiming it is a parody. The case is before the Texan Court at the moment. In the European Union such a defence would have a low chance of success. This is a clear case of taking unfair advantage of the reputation of a well-known trademark. Parody and marketing are incompatible.

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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