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
Suit Supply is a company that manufactures and sells reasonably priced quality suits for men. It has also built itself a reputation, in the Netherlands, for its controversial commercials. Also this year, many complaints were filed before the Advisertising Code Committee (RCC), after Suit Supply launched their Toy Boys campaign »advertising-law
In 1965 Storck (the German manufacturer of Merci) introduces the brilliant idea to market chocolate specifically as a gift. Chocolate for friends to show your gratitude. Therefore all commercials end with the pay-off “Merci, for being you” (or similar slogans in other languages). By using a slogan consequently for a prolonged time, it becomes distinctive, and therefore, the phrase can be registered as trademark. »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?