partner Theo-Willem van Leeuwen

Theo-Willem van Leeuwen

BMM gecertificeerd partner/ european trademark attorney
E-mail:
vanleeuwen@abcor-ip.com


Since 1985 Theo-Willem van Leeuwen has been working in the corporate world, including many years as a marketing manager and general manager in advertising. In 2002 he transferred to the legal sector. At Leiden University Theo-Willem studied Dutch law, specializing in intellectual property law, specifically trademark law. Theo-Willem has been focusing on larger corporate clients the past years. He is active in the Benelux Association of Trademark and Design law, not only as a member of the board but as a teacher for the paralegal course as well.
Outside of work Theo-Willem enjoys culture, mostly music and art. He enjoys tennis and swimming. During the summer Theo-Willem works as a volunteer in teenage survival camps.
• Diplomas: Dutch Law- University of Leiden, NIMA-B, BMM
• Founder Abcor BV
• Former employers, among others: Art Data Institute, Top Drawers, Art Connection en Shield Mark
• Active in cyberspace team Marques (The Association of European Trade Mark Owners)
• Non-traditional Trademark team INTA (International Trademark Association)
• President BMM (Benelux Association of Trademark and Design 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?