FAQ

Ikea lamp not derived from Proplamp - knowledge and unfair competition

An idea itself cannot be protected, only its implementation can. The shape of a product can be protected by copyrights or design rights. If these rights are not available, in the Netherlands one can rely on the regime of unfair competition to protect the shapes of its products. Especially in the case of counterfeiting this ground has been invoked on a regular base. However, what if a third party, by coincidence, develops the same idea independently?

This is the main question in the Proplamp case. In 2010 Margje Teeuwen designs the Proplamp, a preshaped lamp that can be further shaped by the customer. De lamp was sold to the Gummbar in Amsterdam. In 2013 it is succeeded by a synthetic version.

In 2014 Ikea enters the market with a similar lamp and the question arises if this lamp was developed independently or derived from Teeuwen’s lamp. De judge is convinced that Ikea did not know of the existence of the Proplamp. Therefore, the introduction of the lamp is not a case of unfair competition.
The whole case would probably have been judged differently if Teeuwen had registered the lamp as a design. In that case, the similarity of the overall impression would have been the key factor.

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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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