Copyrights infringement - Mediq and unlicensed use

Design agencies often provide clients an exclusive license for use of house styles. The aim of this is that any follow up work is also being done by the agency.  The design agency,  SVT, of pharmacy MEDIQ developed all the in store material and new house style. Subsequently, as is usual in projects like this SVT provided an exclusive licence MEDIQ for use of the newly developed material.  

When Mediq opens offices in Poland and Belgium in 2008, SVT tried to arrange additional agreements on the use and continued work.
Mediq takes the position that it does not infringe the copyright of SVT and therefore do not have to pay anything.
SVT cancelled the license and started a lawsuit. The court came to the conclusion that the new use falls outside of the scope of the license. The license is legally terminated, but everything is still used in the Netherlands by Mediq. In accordance with the of the general terms of the license three times the fee paid fee (over € 1.8 million) had to be paid to SVT. The result: a ban on use, to pay costs and damages (more than € 65,000).


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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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