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Third Party Trademark Use in Non Commercial Publications

Do you know the advertising campaign by Greenpeace Netherlands to keep Shell from the Arctic? In all these expressions the trademark of Shell is used. Today Richard Smith wrote about how difficult it can be for a proprietor to stop such use of a trademark. This kind of  use is everyday business. Smith cites Maarten Haak, trademark litigator at Hoogenraad & Haak: “Often it’s better to let these things pass by. An actual case could make things worse.” In short: keep quiet when under attack. Or enter the discussion with the one who uses the mark in a non-commercial expression. Going to court may just bring extra attention to the matter. In many cases, that’s just counterproductive for the proprietor. Greenpeace Netherlands has not yet received any response from Shell yet. Shell knows better than doing so.

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