Trademark news

Facebook:worldwide removal of offensive content

In recent years, large social media platforms such as Facebook seem to be increasingly bound by rules. But to what extent can these large internationally powerful platforms be curbed? Eva Glaswischnig-Piesczek is an Austrian MP from the Green party. An article is posted on Facebook about minimum income support for asylum seekers, it is accompanied by her photo. Beneath the photo, the poster places several insulting comments using terms like: “traitor”, “corrupt bitch” and “fascist”. » social-media

Cheaper design protection in Mexico

Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible if the design is new. For that reason, step-wise expansion of design protection makes no sense. » design-law

Fundr: limited claim trade name right

Many companies assume that the use of a trading name or a domain name is sufficient to make a broad claim on the exclusive right to that name. These assumptions can prove painfully wrong. Since 2016, a company named Funding Innovation (later “Funder Inc.”) has been using the name FUNDR as a trade name and domain name. The company provides consulting services in the field of corporate funding and government grants. » tradenames

BMW stops DMW Riskja

BMW has been around for almost 100 years, making motorcycles (since 1923) and cars (since 1928). The company has registered its trademark rights worldwide. In India, these rights go back to 1956. When Balajee Automobile offers electrically powered rickshaws under the DMW brand in 2013, BMW objects to this. » trademarks

Kingsday 2020: Balcony day

Not only King's Day (a Dutch national holiday celebrating the birthday of the sovereign) celebrations were limited this year, also the number of follow-on advertising campaigns was scarce. Question is: what is actually allowed? A good example of this is the Balcony day! campaign sponsored by Ticketswap! The campaign calls for people us to raise their glass on their balconies (so at home, maintaining social distance) in honor of our King. The four most beautiful photos could win a TicketSwap voucher. The face in the advertisement resembles that of our King. Is this allowed? » advertising-law
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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?