News

News

2015-06-04 | Hey, that is not OK, leave my domain name alone!

Holding company Gaos has owned the domain name ‘ok.nl’ since years, but has never actually used it. Oil company FuelPlaza exploits a chain of petrol stations under the brand and claimed to have better rights to this domain. By registering and by keeping ‘ok.nl’ Gaos would infringe on the trade name and trademark, it would commit a […] Read more

2015-03-02 | Ajax / Promosports – Court of Appeal the Hague in the rebound?

Since 1987, L. sells football and Amsterdam souvenirs from a cart under the name Promosports. First at the old Ajax stadium and the Olympic stadium, from 1996 at the Amsterdam Arena on the Arena Boulevard. L. sells official Ajax merchandise. He also sells red and white vests with the text “pride of Mokum” and “Amsterdam”. […] Read more

2015-02-18 | Monaco, l’Argentina, Mont Blanc: geographical indications as trademark

Familiar with this situation? ‘Marketing’ would like to have a descriptive trademark, for this will be easy to communicate. And ‘legal’ would like to protect the trademark particularly against free riding competitors. In that case, the trademark must have a distinctive character and precisely not be descriptive. It is common interest that everybody can use […] Read more

2014-04-03 | One man’s misfortune is another man’s opportunity

It’s like a Pavlovian response: when thinking of (extremely) high heels with a red sole, immediately the name “Louboutin” pops up. You don’t need to be a fashionista/fashionisto to come up with this. But the French designer Louboutin recently had to face a setback. What happened? The court of Brussels declared the Louboutin trademark (red soles […] Read more

2012-11-21 | Is acquired distinctiveness in the Netherlands sufficient for trademarks?

Are you familiar with the television program Popstars? Between 2008 and 2011 this talent show was broadcasted by SBS every week for four months a year. Popstars had one million viewers during primetime, an average number of viewers in the Netherlands with a total population of over 15 million. Youtube and some other online sources […] Read more

2012-10-04 | Limo for all

Burg Groep from Heerhugowaard has been making fruit squash [in Dutch: “limonade”] for years. As far back as 1990 the company registered LIMO as a word mark for fruit drinks and fruit juice. When competitor Vrumona put ‘Sisi Fruit Limo’ onto the market last year Burg saw this as infringement on its word mark LIMO. […] Read more

2011-11-18 | Bullfight: Red Bull / Osborne (TORO XL)

Bulls on steroids. Who can miss them, the energy drinks depicting bulls and sold in long cans? Red Bull is a famous brand that uses bulls to distinguish its taurine drink. It was the first and since then has fiercely responded to competitors that also depict a bull. As with Osborne, which has used the […] Read more

2011-04-19 | New logo Air France lacks distinctiveness

After the credit crunch yet another setback for Air France: according to the European trademark agency (OHIM) the new Air France logo lacks distinctiveness. It is all about the “parallelogram” shown here on the left; no color, rounded bottom and stretched to the left. The relevant public will not differentiate this logo from a typical […] Read more