Dutch radio-station “Radio 538” has a reputation for making controversial campaigns, resulting in many complaints before the RCC (The Dutch Advertising Code) after the launch of every summer campaign. It is remarkable that the Netherlands seem to have become more prudish lately. See, for example, the Shameless campaign of Suit supply, featuring a lady drinking coffee while being “taken” on the kitchen counter (this campaign was allowed after all). The new 538 commercial features a young woman, dressed only in a top, sitting in front of a blower-fan with her legs opened towards the viewer. A domestic cat is placed in front of her on the couch, blocking the view of the model’s genitals. According to the complaint, the image of the woman creates an association with pornography. The billboard is placed in plain sight at bus-stops. Therefore the campaign is allegedly immoral and lacking good taste. »advertising-law
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
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
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
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
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?