Internet online branding social media

For companies online presence is essential. Consumers are increasingly looking for information and as a business you must respond to this. An important question to ask yourself is: how will consumers find my website? A search will render 100.000 links to relevant websites (called a natural search). The consumer might look at the first few pages, but then quit. An entry on the first page is therefore actually needed. But how do you get there? Can you use a famous brand from competitors in Google Adwords to make your website easier to find on the Internet? Or vice versa, the competitor may do so with your brand. Use of competitors' brands in Adwords must meet strict requirements.

A totally different aspect, of course, is the use of the trademark in domain names. Is a distributor allowed to register a domain name which contains a trademark? Can a competitor register a similar domain name (for example, a typo or adding online store) and use it to redirect consumers for its own website? Domain Monitoring provides clarity about who registers what.

In addition, of course, online counterfeit plays a role. The occurrence of counterfeit products on Chinese websites like Alibaba is increasing at ridiculously low prices. In addition, there are websites that offer made to order counterfeit products. The route of the infringement therefore moves increasingly to the online world. Most auction sites have devised appropriate procedures to prevent abuse. Based on the trademark, design and copyright is often a halt to such to abuse.

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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?