The concept of ‘neutralization’ is becoming a general principle rather than an exception to the rule. This can be detrimental to owners of trademarks, even famous trademarks.
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Spin Master markets the well-known Rubik's Cube. Goliath offers another "cube-shaped game object" on the market, the NexCube. Does the latter infringe? How far does the scope of copyright protection for the famous Rubik's Cube extend?
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Fruugo is an ordinary online marketplace: retailers upload and sell their own products on Fruugo, while Fruugo does not sell goods itself. Audi and Volkswagen found non-authorised products on Fruugo’s website and initiated infringement proceedings. They claim that not only the retailers on the Fruugo platform, but also Fruugo itself infringes their trademarks.
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What can a distributor do if the purchased products turn out to be infringing third-party IP rights? Can the distributor recover damages from its supplier? That depends on the procurement terms with the supplier. The importance of an indemnification clause follows from a ruling by the District Court of The Hague.
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On 1 June 2023, the Unitary Patent came into force. As a reminder, protection can be obtained with one (granted) patent in all 17 EU countries that have joined the Unitary Patent system. So far, these are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
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In 2014 Ferrari presented its top-of-the-line FXX K model to the public. A photo accompanying the press release showed a front view with the typical "V" shaped element on the hood. Mansory soon after made a V-shaped "tuning kit" or "front kit" that made a just slightly less exclusive Ferrari look very much like a real FXX K. Ferrari had forgotten to apply for a registered community design (RCD) for the car and the V-shaped element as part of it.
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Do you understand what the title of this article means? Then perhaps you are a Benelux resident. In fact, the Benelux Court of Justice recently ruled in a case about a descriptive trademark that Benelux residents should basically understand German words.
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The name 247 Laser Cutting does not infringe on the trademark and trade name of 247tailorsteel. This was decided by the District Court of The Hague in summary proceedings. While there is obviously more at play in this trademark infringement case, one part in the decision stands out to me.
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On June 1, 2023, the Unitary Patent will be launched. Protection will then finally be obtained with one (granted) patent in all 17 EU countries that have joined the Unitary Patent system. These countries so far are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
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Carnival did not start with confetti for a carnival artist from Tilburg this year. In summary proceedings the court ruled that the carnival song 'Willies Car Palace' indeed infringes on the personality rights of another musician. The song is not a parody and therefore constitutes unauthorized infringement.
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Amazon features a mix of products. Some are offered on this marketplace by Amazon itself, but the same products are also sold by third-party sellers. Amazon offers such third-party sellers support for, among other things, shipping, warehousing and returns of products offered on Amazon. This hybrid business model got Amazon into trouble.
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Should a mark including the particle 'fucking' be registered as a trademark? Or is such sign contrary to accepted principles of morality? The EUIPO Fourth Board of Appeal recently upheld the refusal of the device mark NELEMAN JUST FUCKING GOOD WINE as an EU trademark.
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Can one refill a refillable SODASTREAM carbonated gas bottle and put one’s own label on it, while the engraved brand SODASTREAM also remains on the bottle? Yes, so the Court of Justice ruled on 27 October 2022 in the Finnish case SodaStream/MySoda.
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Did you know that imitation leather called Piñatex is made from pineapple leaves? This can be used for shoes, bags, jackets, and so on. Of course, the user wants to scream out loud that these clothes are unique because they are made from pineapple. But what if someone else has registered the trademark "Pineapple" for clothes? Wouldn’t this constitute a trademark infringement?
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Luna had been working with us as a legal advisor for some time. After a long holiday in Colombia, Luna returns to our firm and in January she will be sworn in as a lawyer at the Amsterdam Bar. Luna will advise and litigate in all areas of our firm: advertising law, intellectual property and food law. Go Luna!
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Can one write a book about your favorite Harry Potter moments without J.K. Rowling's permission and offer it for sale? You cannot if it is up to the makers of the Dutch TV show Jiskefet, unless it is made clear to the consumer that this is an unauthorized book. The author of the book would otherwise profit from the reputation of the Jiskefet trademark. Unfortunately for Jiskefet, the Amsterdam Court of Appeal disagrees.
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A consumer can sue the trademark owner for a defect in the trademarked product, even if the product clearly states that another company is the producer. This is because the consumer may infer from the reference to the trademark on the product that the trademark owner is involved in the production process or assumes responsibility for it.
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The so-called "upload filter" from the Copyright Directive does not violate fundamental rights. It provides sufficient guarantees to protect freedom of expression and information. So ruled the Court of Justice of the EU on 26 April 2022.
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The owner of an older trademark can have a later registered conflicting trademark declared invalid. The registration of the younger trademark does not function as some kind of approval allowing for undisturbed use of this younger trademark: the older trademark owner can still take action against it after the younger trademark has been registered. But the older trademark owner should not wait indefinitely. If he becomes aware of the younger registration and the use, he has five years to act against the younger trademark registration or the infringing use. Is sending a letter sufficient as an action?
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Light in the Box (LITB) is, despite its pleaded platform role, still liable for the infringing sale of Hikvision products on its platform. On 17 May 2022, the Court of Appeal of The Hague confirmed the earlier judgment of the District Court.
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