Advertising agency liable for damages

For advertising campaigns clients often require that they are indemnified against possible infringements of intellectual property rights owned by third parties. The consequence of this is that a possible claim can be passed on to the advertising agency. The logic behind this reasoning is that the advertising agency knows what it does and can regulate the rights to images. Indemnification, however, does result in larger obligation to provide information to clients, especially if the concept is a combined idea.  

De Lijst Dedecker used an advertising agency during the elections and was indemnified by this agency for potential claims. The election poster was a political cartoon based on comic characters Lucky Luke and the four Daltons. Parody is fun, but dangerous especially if this IP rights of others are used.

The owners started a legal procedure. The Court held that parody is not correct. Because the advertising agency indemnified the client, they had to pay all the damages. The Court found this justified, because the advertising agency is "a professional service provider, who should be aware of the provisions of copyright knew, or at least had to know."

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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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