Trademark news

H&M rubbish featuring Justin Bieber

As a part of Justin Bieber's world tour, H&M launched a hoodie and bag featuring pictures of Justin Bieber. H&M has produced similar lines before. This time however, internal communication and legal checks did not seem to have gone smoothly. » internet-online-branding

PEPSI prevents PAUPSY Concept store

In 2020 Paupsy opened its doors. Paupsy is a concept store which sells clothes, shoes and jewelry. The instance their trademark was applied for clothing and bags, PEPSI objected. Well-known brands such as PEPSI often register their trademarks not only for their core business, but also for other goods and services. The reason for this is to prevent other companies from catching on to the trademark's reputation, but also because these trademarks are often licensed to third parties to use. » trademarks

Bottom of bicycle saddle visible

To qualify for design protection, a product must meet two requirements: it must be novel and have individual character. If the design is part of a composite product, there is an additional requirement. The design must be visible during normal use. But what exactly is normal use? The Court answers this using a special pattern of the bottom of a bicycle saddle. » design-law

Recognition - why it is still relevant

After almost two years, my role as the chairman of the BMM has come to an end. Unfortunately, I haven’t been able to achieve all the goals I have set. The recurring theme in my work has always been recognition. Recognition that intellectual property rights are crucial for the existence of businesses. But also recognition that BMM members, including IP lawyers, in-house lawyers, and BMM-recognized trademark and design attorneys are specialists. This is all the more important in order to be able to separate the wheat from the chaff, especially given the many crooks that seem to pop up constantly. » other-general

The Oscars: A vibrant trademark

A trademark must be used normally after five years. If not, third parties can initiate a cancellation action against the mark. The question is though: where should that use take place? If the use takes place outside the European Union, should advertising in the European Union be sufficient? This is crucial for many industries such as the travel industry, real estate sales or large international events taking place outside the EU. » trademark-registration
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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?