Trademark news

NFT: MetaBirkins and Juventus

NFTs and the Metaverse are a hot topic at the moment. The main question is, should trademark owners now massively re-file all their trademarks to include these digital products and related services? » trademarks

Amazon liable for third-party sales

Amazon's online platform features a mix of ads. On the one hand, advertisements of products offered by Amazon itself, and on the other, third-party advertisements (the hybrid model). It is unclear whether the products are sold by Amazon or by someone else, because the ads are mixed.Third-party sellers often offer counterfeit products. Amazon takes the position that, as a neutral platform, it is not responsible for this. If infringement is reported, the concerned ads are removed immediately. » internet-online-branding

Republic of Mauritius joins WIPO

Through the International Registration route, companies can easily claim trademark rights in many countries. The big advantages are the cost (relatively cheap) and the central management of trademarks, which makes the managing of these rights more efficient cheaper. Many countries have joined in recent years, including Chile, Jamaica, Cape Verde, Belize and most recently Mauritius. That brings the number of countries where protection can be claimed through WIPO to 130 countries. (Source image: Abcor) » trademark-registration

Mountain top or Marlboro roof

A brand is more than just a word or a logo. The design of (or a part of) the packaging can also function as a sign of recognition. Because consumers can recognize a brand in this design, companies often register these designs. Clever, because copy-cats are always lurking. » trademarks

Thom Browne - three or four stripes

Logos sometimes consist of simple geometric figures, such as lines, dashes, circles, dots or squares. This leads to a limited protection for such a logo. Consequence: it is difficult to object to similar signs. » trademarks
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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?