Advertising regulation in the Netherlands - Parody and tobacco

The Tobacco Act prohibits advertising and sponsorship of tobacco. The secretary of public regularly has to file procedures against covert advertisement of tobacco. Even the parody poster of cinema 'The Ketelhuis' could not be approved. The playful poster, based on the Lucky Strike logo with a warning: “Dutch films are close to your heart" was seen as a form of circumvention of the Tobacco Act.  

The bill makes clear use of a symbol (part of the logo), which has been used for tobacco.
The court did not agree and joined the parody defence. Although the poster is a clear resemblance to the circle used in the logo of Lucky Strike, this poster is not regarded as an expression or a form of commercial sponsorship. It is clear that the movies were promoted using a parody of the cigarette package. No infringement, but a lot of publicity was received.



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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?
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