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Restrictive scope of protection for line drawing beer glass holder

Restrictive scope of protection for line drawing beer glass holder

Historical KWAK beer is served in a very special glass in a wooden glass holder. Brewery Bosteels has registered a line drawing of the glass in the holder as trademark. Brasserie d'Ebly introduces a special beer "La Corne du Bois", served in a special glass in a wooden container as well, and registered this as a design. Brewery Bosteels claims this is an infringement.

 

In this issue the glass must be compared with the submitted trademark. Because a line drawing is submitted, the aspect fact that it is made of wood is omitted completely. The only resemblance between them is that there is a separate glass for which a holder is required to support the glass.

It is, therefore, shape mark. The holder is required for the glass not to topple (technically necessary). And everything that is technically necessary, is excluded from protection. The brands, logos, typography and the glass used are completely different. The holders themselves are also very different. Consequence: no trademark infringement and no coat tail riding.

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

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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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