2019-09-16 | ECJ AMS Neve/Heritage Audio: place infringement online ads = place where the target group is located

A company elsewhere in the EU uses your EU trade mark in an online advertisement without permission. The advertisement is aimed at the Dutch public. As a Dutch trade mark owner, can you bring the infringer before a Dutch court? The Court of Justice of the European Union (ECJ) provided the answer in its judgment […] Read more

2019-09-13 | New SRC campaign: “#Ad. Recognize the advertising on the Internet.”

On 27 August 2019, the Advertising Code Foundation (SRC) launched a campaign called “#Ad. Recognize the advertising on the Internet”. The aim: to underline the importance of transparency around advertising via social media. SRC provides extensive information on the subject on its website, including an advisory tool, a do’s & dont’s cheatsheet, FAQ’s and, to […] Read more

2019-09-13 | If a trademark has not been used normally: just re-register?

Can you re-register a trademark if it hasn’t been used for five years? This would allow the trademark to be declared invalid. Or does the law preclude such a repeated deposit? In the Pelican case, the General Court had already ruled in 2012 that an application may not be repeated exactly, at least not if […] Read more

2019-09-13 | The stand-up pouches from Capri Sun: handy, but not (any longer) protected

Who doesn’t know them, Capri Sun’s iconic standing bags. Since 1969, Capri Sun has been packaging its fruit juices in flexible, aluminium-coloured standing bags. The stand-up bag has many advantages. The material ensures that the fruit juice remains cooled for a long time, the shape makes it easy to carry and prevents spillage. The only […] Read more

2019-09-13 | Parallel import: trademark infringement, or not?

Parallel import involves trade in original products. However, because the products are intended for another market (and not for Europe), they are purchased at lower prices. These parallel imported goods are then offered for sale in Europe against lower prices and not through the official distribution channel. This is a major problem for many trademark […] Read more