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Holiday Ray-Ban sunglasses via Facebook

Holiday Ray-Ban sunglasses via Facebook

Ray-ban sunglasses are offered for sale on a closed Facebook group called 'Marketplace without rules' with the following text: "This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be found cheaper. More than 280 models in varying colours." A representative of Ray-Ban places a test order and unveils the person behind the Facebook page. When this person refuses to sign an undertaking agreement, parties meet again in court.

Defendant claims that there is no trademark infringement. He got the offered sunglasses for his birthday and had bought some other glasses on his holidays. Ray-Ban’s trademark rights are therefore exhausted. He hasn’t kept receipts for these purchases. And that the number 280 was a typo, he only had 28 of them.

Court ignores this, as defendant cannot provide any substantiating evidence. Ray-Ban also proves at the hearing (by means of the case and the packaging) there are fakes. Prohibition, compensation of damages, court costs, etc. are granted.

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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