The Koton case, which has just been discussed, provides a stepping stone to stop parties that systematically file trademarks of third parties (both for similar and completely different goods). The now infamous Michael Gleissner is the worst example of this practice with a web of companies.
Read MoreA trademark that has been applied for with an unfair purpose can be subsequently declared invalid as an application in bad faith. For example, if the application was made in order to unfairly harm the interests of third parties. Or for a purpose other than to distinguish one's own goods or services. The Court of Justice ruled on this matter in the Koton case.
Read MoreFor preliminary injunction proceedings on Community designs, the rightholder can go to any court in the Netherlands. This follows from a decision of the Court of Justice, which also applies to EU trademarks. In proceedings on the merits on EU trademarks and designs, the court of The Hague remains the only competent court.
Read MoreOn 6 November 2019, the FTC published a useful brochure: "Disclosures 101 for Social Media Influencers". The brochure clearly explains when and how influencers should make it clear that their social posts are advertising. The FTC emphasizes that it is (also) the responsibility of the influencer to ensure that advertising is recognizable as such.
Read MoreThe month of December is almost upon us again. To show the best you at Christmas dinner or at an old and new party, try to make healthier choices. For example, you choose to eat less meat and replace rusk with the wholemeal variety. What appears? The whole-wheat rusk in your basket does not consist entirely of whole-wheat flour, but also contains other wheat flour. This may make your rusk less healthy than you thought.
Read MoreJohn de Mol and other Dutch celebrities appear against their will (and sometimes without knowing it) in advertisements on Facebook and Instagram for investing in Bitcoins, among others. The advertisements are a complete fraud: De Mol has not given permission for the use of his portrait.
Read MoreEuropean prohibition therefore more accessible - G-Star/Cofemel, on copyright and design rights in product design.
Read MoreCan the person in the pool of "Portrait of an Artist" wear Louis Vuitton swimming trunks and can a bottle of Dom Pérignon be placed on the table at Da Vinci's Last Supper? In short: are you allowed to use the trademarks of others in an artistic expression?
Read MoreThe Flower Farm misleads consumers by saying on its margarine packaging that palm oil destroys tropical rainforest. Furthermore, The Flower Farm is not allowed to say in its TVC that Orangutans are eradicated by palm oil. The Flower Farm’s call that consumers can save up to 30 m2 of rainforest per family by buying and eating The Flower Farm margarine is also misleading and forms a prohibited environmental claim.
Read MoreA 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 AMS Neve/Heritage Audio: yes.
Read MoreOn 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 top it all off, a real #Ad toolkit with logos to label advertising on social media, among other things. See: https://www.reclamecode.nl/social/
Read MoreCan 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 the purpose of the identical application is to circumvent the rules for use. In the MONOPOLY case, the Board of Appeal has now nuanced that view.
Read MoreWho 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 disadvantage is that the high functionality of the stand-up bag is precisely a dealbreaker for trademark protection.
Read MoreParallel 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 owners.
Read MoreNitrous oxide is a hot topic at the moment. The street is dotted with cartridges and balloons. Many municipalities have already banned party drugs at certain events and locations. In Amsterdam there is now a real "laughing-gas king" who, with his company, Ufogas, advertises on billboards for laughing-gas balloons. The increasing use of nitrous oxide is controversial.
Read MoreA trademark owner must start using the trademark normally within five years after registration, otherwise the registration can be cancelled. This is a problem for Viridis Pharmaceutical, because the clinical trials for its medicine have not yet been completed. And so she can't use its trademark VIRIDIS yet.
Read MoreAll of Rembrandt's works of art collected in one museum? It can't be. Everybody knows that, right? Nevertheless, the enormous banner "ALL THE REMBRANDTS UNTIL 10 JUNE 2019" on the facade of the Rijksmuseum gave a visitor the illusion that this utopia had become reality. It turned out that the exhibition contains only the works from the Rijksmuseum's own collection.
Read MoreYou can’t use a recognizable music sample (however short) without authorization from the phonogram producer (i.e. the owner of the recording). That is how the Grand Chamber of the European Court of Justice (15 judges) decided on 29 July 2019 in its infinite wisdom. Press release from the ECJ here.
Read MoreMedical device advertisements often contain claims about the functioning of the product. The television commercial for A. Vogel Extra Intensive Eye Drops: "Softens your dry eyes. A. Vogel eye drops provides long-lasting wetting and relief." Is it allowed to make that claim?
Read MoreWe get this a lot: you have a good idea for a book/app/film/game and you want to make sure that no one else takes your idea and runs with it. Is your idea or concept protected by copyright?The short answer is no. The protection offered by copyright is only intended for the so-called expression of the idea or concept. The concept of a movie about young wizards at a school for magic cannot be protected, but the movie Harry Potter and the Philosopher's Stone itself can be.
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