Trademark news

Max Verstappen parody, € 350.000,- claim? - advertising and portait rights

In the new Jumbo commercials Max Verstappen is racing from client to client in his Formula 1 car delivering online orders. In less than a day after the launch of this campaign, the online supermarket, Picnic presents a parody. A Max look-alike is driving around at an easy pace making his deliveries. After a short pit stop (where the groceries are being delivered), Max continues his trip trough the Dutch city Amersfoort. » advertising-law

Dentsu Web Private Watch campaign- Plagiary or heavily inspired

In the Netherlands the ADCN lamps and the Cannes Lions are the important awards for the creativity of an advertising agency. Often there is a striking similarity between the winning campaign and earlier campaigns. This problem is not limited to the Netherlands. This year the Malaysian awards came under fire when many of its award winning campaigns seemed very similar to already existing campaigns. » advertising-law

Misleading packaging

In Europe there are certain guidelines one must follow when it comes to packaging of products. It is important that the packaging does not mislead the consumer as to the products and their ingredients. But where exactly is the line that determines what is and what is not misleading?German manufacturer Teekanne sells tea under the name Felix Himbeer-Vanille Abentuer. On the packaging raspberries and vanilla blossom is depicted and it states “fruit tea with natural aromas” it also has a seal that says “only natural ingredients”. A look at the listed ingredients, however, clearly shows that there are no natural elements in the tea at all. » advertising-law

Tax assessment or commercial

To commemorate its ten year anniversary Leerkus MotoFun sent a funny mailing with the theme “extreme amount of tax refunds!!”. The mailing was addressed to “whoever inhabits this address” and was sent in a blue envelope just as the Dutch IRS does. In the bottom left corner in small print (almost too small to see) it said “this is an action from MotoFun from Twello”. » advertising-law

Lidl: misleading claim – group too small

Often claims of superiority are a form of comparative advertising. Not every claim is allowed, even if it is based on independent research by a third party. Lidl had an advertisement this summer for her Vanilla Cones. It stated that they were the best based on research from Consumentenbond in July and August of 2014. Underneath the picture of the ie cream the ad says: “Defeated Ola and is nice and crunchy”. » advertising-law
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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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