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Trademark news

Misleading advertisement Nissan car

Nissan launched an advertisement on YouTube for the Nissan Qashqai with e-Power. The consumer sees images of a moving car with the text, "Who says you need a plug to drive electric? New Nissan Qashqai with e-Power. A unique electric experience, without a plug. » advertising-law

Product liability: Saeco and Philips too?

A company's core business can always change. A good example of this, is the company Philips. Known for its lamps, televisions and audio equipment in the past, Philips nowadays produces medical equipment. When a company decides to change the main focus of their business, the older brands are often licensed to third parties, so that they can continue producing the old products. This raises the question: who is liable if something is wrong with these product? » advertising-law

Sustainability claims in advertisement

More and more people are concerned about what the world will look like in the future. Sustainability is becoming increasingly important for consumers and influences their purchasing behaviour, choosing particular brands that claim to be sustainable. Consumers must be able to rely on these claims. Companies that make efforts to promote sustainability, must be protected against companies that unfairly use misleading sustainability claims. This gave the ACM (Authority Consumer & Market) reason to investigate misleading claims in the clothing industry. » advertising-law

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

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ABCHronicle

Abcors ABChronicle no 48

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IP Quiz

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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?

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