Abcor is a full service design and trademark agency specialized in legal advice and protection of intellectual property rights.
Unlike all other trademark agencies. A strategic partner with short, clear and especially practical advice.
We not only look at the legal side of a case, but also take into account other aspects of the business such as marketing , the consequences of introductions and of course the costs.
Hence our solutions often come out of the box. Is this not unexpected, because the vast majority of our lawyers have been working in house for years in the business
(including in advertising, consumer fast moving products and pharmaceutical industry). Curious about a refreshing second opinion? Please contact one of our lawyers (firstname.lastname@example.org).
"Many entrepreneurs are unaware of the value of their IP assets"
Mr. Th W. van Leeuwen LL.M.
President, Trademark agency Abcor
In 2012, Trine Anderson designs the Wire Basket. She created this design as an employee of the firm Ferm Living. In the Netherlands the copyrights belong to the company if the products have been made by employees (as part of their job). Many (daily used) products can be protected by copyrights. However, if no possible creative choices have been made (as the shape is too basic), the design cannot be protected. The Burly Basket Round, introduced by the company Lifestyle, has a great resemblance to the Wire Basket. This raises the question if the Burly Basket Round is an infringement of the copyrights of Ferm Living. Lifestyle states that, due to the trivial and functional shape of the Wire Basket Round, no Intellectual property claims can be made.
Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy behind this is that non-visible parts should be replaceable at all times. Therefore, the manufacturer can only claim design rights for the parts which are visible. However, how far can we take this?
Drinkopoly is a remarkable game. Basically, the main goal is to drink with your friends. As you can imagine, playing the game is a unique experience every time, because one simply does not remember the previous encounter. The logo speaks for itself, showing a drinking couple, with one of them laying on the ground, completely drunk. When trademark protection is being sought for the logo of Drinkopoly, Hasbro (the producer of Monopoly) opposes the application.
When is the use of a text or design Trademark infringement? An important question, since the increasing use of words and bright colors on t-shirts and sweaters.H&M sells sweaters with the word CHIEF and the face of an Indian printed on them. Jeans Centre summons H&M to stop the sale, claiming infringement of it´s trademark CHIEF. H&M disagrees and continues the sale.
Since 2013 many new domain name extensions have been launched. One of them is .FOOTBALL (especially for Football teams). From June 2015, the domain name became available to the public, for 19 Euros per year. Last autumn the domain name AJAX.FOOTBALL is registered by a third party (not Ajax or its fan club). This person sends an email to Ajax offering to transfer the domain name for the amount of 6.500 Euros.
MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE.
Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark.
Infringement or not?