Trademark news

Ban on wave shaped shoe display

Copyright does not only apply to Art with a capital “A”. Products of applied art are also often seen as a creation. If this is the case, then a work is protected by copyright and slavishly copying it is not really sensible. » copyright

Commissioned drawing of Santa Claus & copyrights

A professional illustrator is commissioned by a Dutch broadcasting company to make a silhouette drawing of a Santa-Claus figure seated on horseback. A few years later, this image (be it mirrored or not) finds its way onto gift-wrapping paper (beside other drawings). The wrapping paper can be purchased online. The vendor also claims having the copyrights on this design. Because the image was used without permission and because of the unjust copyright claim, this forms an infringement of the copyright and personality rights of the original creator. The damage is estimated at € 5.000, -. So far it’s a simple / clear case. » copyright

Fight over a cats basket

Copyright does not only apply to art with the capital A. Also daily used articles are covered by its protection. However, the product (a work) must be an original creation. In short, creative choices have to be made. If another company launches a very similar product, this can be a copyright infringement. » copyright

The Rubik Cube and freeriding

In 1974 Erno Rubik develops a 3D puzzle, a cube with 6 coloured surfaces. The mechanism is protected by a Hungarian patent. Each infringement of the invention can be prevented in this way, regardless of the print on its surfaces. Only after some years the cube becomes a success. Soon all kinds of varieties appear on the market, like the Sudoku Cube and the Kamasutra Cube. Rubik wants to act against these free riders, but how? The patent is already expired. » copyright

Portrait rights - reasonable interest ordinary people - protection person's privacy

It is common knowledge that fame and fortune has its price. So, what about the privacy protection of ordinary people? As a rule, pictures of persons (with the exception of ordered portraits) can be used freely to a certain extent. The Supreme Court in the Netherlands has previously ruled that also ordinary people are entitled to protection, if they are being depicted for commercial purposes, as can be concluded from its decision in the IT’s Disco dancer case. The audience might think that the person in question authorized the use of the picture and/or supports the campaign. This protection is often in conflict with the corporate freedom of speech. The question which of the two prevails is being considered in the Schiphol Picture case. » copyright
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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?