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
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
Campaigns from Wakker Dier (an animal rights organization from the Netherlands) are always highly criticized. More often than not the complainant is not the company that is being criticized, but the “innocent” consumer. Prior to the hamster weeks at Albert Heijn, a new campaign is started in which two hamsters speak with a cripple broiler chicken. (To explain, Albert Heijn is the largest super market chain in the Netherlands. Hamsters are being used as mascots for bargain weeks.) A complaint was filed against this commercial. »advertising-law
Campaigns from Belgian political party Vlaams Belang often lead to court cases. The latest campaign for the European Parliamentary elections was no different: “Westmal of halal”. In the campaign we see Philip Dewinter drinking from a dome shaped glass, which is filled with a dark brown liquid. This image is the main visual on the Facebook campaign and the Twitter message announcing the campaign. »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?