Trademark news

Adidas: bare breasts and sports bras

In a campaign ad for its sports bras Adidas states that not all breasts are the same. Adidas acknowledges this and launches a new line of sports bras with 43 different sizes. Visually, this is supported by displaying different women's breasts (on Twitter with 24 different breasts and on posters with 62 breasts and the pay-off: The reasons we didn't make just one new sports bra). » advertising-law

Zeeman underwear and functional nudity

Dutch discounter Zeeman always features a segment of its offerings in their ‘it can be that simple' campaign. After socks and men's underwear, a new commercial runs on women's underwear. Different women in underwear briefly flash on the screen focusing on the buttocks, making it clear that the featured underwear is comfortable and good looking. A complaint is filed deeming the commercials’ imagery negative, tasteless, misogynist and sexist. » advertising-law

Marks & Spencer The Perfect match

Flo Broughton starts a chocolatery named ‘Choc on Choc’ with her father back in 2003. Ever since 2015, they have been selling matches made out of white Belgian chocolate. The words ‘Perfect Match’ are pressed into the chocolate. Marks & Spencer launches an almost identical product with Valentine's Day this year, leaving Flo not amused. » advertising-law

Misleading advertisement for Parodontax toothpaste packaging

Everyone who has ever used Parodontax toothpaste knows that it has no equal. This toothpaste has a unique salty taste, does not foam and once you are used to it, you will never want anything else again. When Parodontax launches a renewed product, it doesn’t only explode on social media, also a complaint is lodged with the Advertising Code Committee (RCC). » advertising-law

Beer drinking toddlers

Misleading advertising is found all over the world. It often concerns use of words, but the deception can also involve matching packaging. Sometimes unexpected parties com to the rescue. Choc Milk Stout (from Howler’s brewery) mimics the packaging of Milo chocolate powder from Nestlé. A nice touch, unless something goes wrong. A toddler accidentally mistakes the can of beer in the family fridge for chocolate milk, after which its parents file a complaint with the advertising authorities. This design is irresponsible. The brewery reacts indignantly: “We do not target children with our beer and the use of this label does not lure children into consuming beer.” » advertising-law
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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?