HEKS'NKAAS (Witches’ Cheese) is a herbal cream/cheese dip and has been a hit in the Netherlands for years. When production is shifted from one party to another, the former producer launches a similar product under the name DIP&SMEER (Dip&Spread). However, the producer of HEKS'NKAAS has trademarked their packaging, both with and without the brand name on it. That turned out to be a smart move, because it makes a claim on the look and feel of the product. A lawsuit is filed against the very similar packaging of the newcomer. »trademarks
The number of Facebook users was estimated at 2.3 billion early 2019. This makes the medium an ideal platform for advertisers. Facebook therefore makes high turnover, last year the advertising revenues alone were estimated at around 45 billiondollars. It is no surprise that Facebook is also used by individuals with less honorable intentions.Since 2018, advertisements to invest in Bitcoins are very commonly seen on Facebook. In addition, Dutch media tycoon John de Mol is depicted as a successful Bitcoin investor, however these adds are a scam and lead to fraudulent websites. »social-media
Copyright also applies to works of applied art. Because trends change rapidly in the garments-/fashion industry, manufacturers often rely on unregistered designs or on copyright to protect their designs. The disadvantage, of course, is that the burden of proof of the copyright lies with the manufacturer, whereas in the case of a registered design, the court assumes this. This plays an important role in, among others, the clothing of designer Nikkie Plessen. »copyright
Trademarks are sometimes used in works of art. Well-known examples of recent years are: Darfurnica by Nadia Plesner with the Louis Vuitton bag and Banksy’s Dismaland (Disney trademarks). Trademark owners often let this slide, in order to avoid negative publicity. However, can trademark holders entitled to demand a ban? And can the artist invoke freedom of expression? Is the use of a trademark in a work of art a valid reason to infringe the trademark holders’ rights? »trademarks
Many companies use (semi) descriptive brand names. The advantage being that the brand name immediately clarifies what product/service is offered. The disadvantage is that such brand names are often not acceptable as a trademark. Why then can it be important to have the brand name registered with a logo? »trademark-registration
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?