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Trademark news

HART – the importance of trademark research

Last summer, Museum Hermitage Amsterdam announced its name change. The museum no longer wanted to be associated with Russia. The new name HART however, did not go down well with the Belgian art magazine HART. In 2006, the company had established the logo for printing, advertising, cultural activities and magazine publishing. » trademark-registration

Ferrari unsuccessful with unregistered community design

Mansory Design sells tuning kits. These allow the appearance of an "ordinary" Ferrari 488 GTB to be transformed into a particularly expensive Ferrari FXX-K model. The distinctive features of this FXX-K model are the V-shaped hood and front spoiler. Ferrari did not file a registered design application for this, but nevertheless wanted to stop these tuning kits and therefore invoked an unregistered community design. » design-law

Russian copycats - Alter Heiler

It seems as though an increasing number of copycat trademarks are being filed in Russia, especially copying large corporations that decided to cease or suspend operations there. Will these applications all be approved now? » trademarks

Sound mark - children's song

When people think of brands, they often only think of word marks and logos. However, there are many types of trademarks, such as multimedia marks, position marks and, of course, sound marks (think, for example, of the lion's cry from film company Metro-Goldwyn-Mayer). However, not every sound can be claimed as a trademark. » trademark-registration

Refusal Put Putin In

Trademark law operates on the first-come, first-served principle. Some individuals (and companies) attempt to register trademarks linked to tragic events in order to try and make a financial gain from extremely sad events (e.g.: JE SUIS CHARLIE).The war in Ukraine seems to evoke similar actions. Until now, such marks have often been refused because of a lack in distinctiveness. The signs are so widely known that no one recognizes an indication of origin in them. » trademark-registration

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ABCHronicle

Abcors ABChronicle no 49

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IP Quiz

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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?

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