Trademark news

Electrode product or part?

The design of a product can be protected as a design if it is novel and has individual character. Some products are composed of many different parts. This is known as a composite. With composites there is an additional rule, namely that this part must be visible in normal use. But what exactly is a component part of a complex product? » design-law

TOP 40 for Dutch Expats

Trademark rights are territorial. If another party uses a similar sign in another territory, is it possible to take action against it? » trademarks

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
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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?