2018-09-26 | Jaguar Land Rover blocks JAGUAR trademark for leather goods

An Italian company saw an opportunity to use a JAGUAR lookalike trademark for products that included umbrellas, bags, and leather goods. Naturally, Jaguar Land Rover filed an opposition. A standard defence in claims relating to older trademark registrations is a request for ‘proof of use’: a trademark that has not been put to genuine use […] Read more

2018-08-24 | Removing trade marks? Don’t you Du(ma) it!

It is a well known fact that you will infringe the Coca-Cola trade mark if you use it to sell your own cola, but does the removal of someone’s trade mark (even before the product is imported in the EU) constitute an infringement?  The Court of Justice of the EU answered this question recently.   […] Read more

2018-06-29 | EUIPO decision on reputation of an EUTM: an evidentiary presumption (Puma/EUIPO)?

Puma often invokes the broader protection for trademarks with a reputation: protection against dilution, damage to reputation, and freeriding. Of course Puma will need to prove that its left-jumping cat marks indeed have a reputation. Yet is it really necessary that this evidence is provided in each and every procedure? In 2010 and 2011 EUIPO […] Read more

2018-06-22 | Louboutin’s red sole: a valid trademark after all?

Black pumps with a red sole are a very well-known phenomenon in the world of high heels: they originate from the Frenchman Christian Louboutin. But successful trademarks are copied, and so, i.a. Van Haren also decided to release pumps with a red sole. Louboutin, the owner of a Benelux trade mark for his red sole […] Read more

2018-06-11 | The Battle of Manchego: Spain v. Mexico

Many countries have their own specialities. We’re known here for our Dutch cheeses, like Gouda or Edam. Manufacturers can apply for European protection for their products. This protection falls into one of three sorts: the Protected Designation of Origin (PDO), the Protected Geographical Indication (PGI) and the Traditional Speciality Guaranteed (TSG). A product file contains […] Read more

2018-05-03 | Court of Justice decides on essential function of a collective EU mark

Court of Justice decides on essential function of a collective EU mark An EU collective mark is owned by an association and may only be used by the members of that association. A well-known example of a collective mark is Fleurop. The European Court of Justice held that the essential function of an EU collective […] Read more

2018-02-01 | Luxury products: the online shop window has to be in order too (Coty)

Suppliers of luxury products may ban accredited resellers from selling their products on third-party internet platforms like Amazon or Marktplaats. This was decided by the Court of Justice in the case of Coty Germany. Luxury products are often marketed by means of a system of selective distribution. The manufacturer imposes quality requirements on the distributor and the method […] Read more

2017-09-28 | Registering The Night Watch as a trademark: is this possible?

In 2015 Chiever, a law firm specialising in trademark protection, filed The Night Watch as a figurative mark with the Benelux Office for Intellectual Property (BOIP). This had been prompted by a BOIP marketing campaign. Everyone who filed a figurative mark in that period received a painting of it as a gift. The office said […] Read more

2017-03-22 | Witches, white women and magic spells

The product Heks’nkaas (literally translated: witches’ cheese, best described: a herb cream spread for bread) continues occupying the minds in the Dutch IP circles. In 2015 Levola, the producer of Heks’nkaas, started legal proceedings on copyright protection of the spread’s taste. At that time, the preliminary relief judge in The Hague made a remarkable judgement […] Read more