2019-09-16 | ECJ AMS Neve/Heritage Audio: place infringement online ads = place where the target group is located

A 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 […] Read more

2019-09-13 | New SRC campaign: “#Ad. Recognize the advertising on the Internet.”

On 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 […] Read more

2019-09-13 | If a trademark has not been used normally: just re-register?

Can 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 […] Read more

2019-09-13 | The stand-up pouches from Capri Sun: handy, but not (any longer) protected

Who 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 […] Read more

2019-09-13 | Parallel import: trademark infringement, or not?

Parallel 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 […] Read more

2019-09-13 | What about nitrous oxide in advertising?

Nitrous 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 […] Read more

2019-09-13 | Viridis: a valid reason not to use the trademark?

A 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. Is this a valid reason for the […] Read more

2019-09-13 | All Rembrandts in the Rijksmuseum?

All 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 […] Read more

2019-09-13 | ECJ Kraftwerk: “What we’re gonna do right here is go back. Way back!”

You 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. The judgment reminds me of […] Read more

2019-09-12 | A. Vogel eye drops: clinically proven by Notified Body

Medical 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? Complainant is far from satisfied with the eye drops. He submits a complaint […] Read more