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Infringement Scotch & Soda down jacket – copyrights or EU design rights

Infringement Scotch & Soda down jacket – copyrights or EU design rights

Scotch & Soda sells down jackets since 2012. When Esprit launches a similar jacket in 2015, Scotch protests, claiming its copyrights (No European design was timely filed). Esprit stops the sale in the Netherlands and is willing to pay for the damages, but not for the whole European Union. » copyright
Product photography on the house

Product photography on the house

Last year, an interesting ruling was passed by the judge regarding the use of stock photos. Normally, stock photos are protected by copyright law. The main rule is, that an intellectual creation has to be made independently. In short, creative choices have to be made. In case of pictures, these conditions are normally met given the composition, the angle, the use of light etc., but is this also the case with stock photos? Clearly not, according to a car company that used a close-up picture of a temperature gauge in a car. » copyright
Ikea lamp not derived from Proplamp - knowledge and unfair competition

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? » copyright
Copyright claim on metal basket - wire basket versus Burly basket Round

Copyright claim on metal basket - wire basket versus Burly basket Round

In 2012, Trine Anderson designs the Wire Basket. She created this design as an employee of the firm Ferm Living. In the Netherlands the copyrights belong to the company if the products have been made by employees (as part of their job). Many (daily used) products can be protected by copyrights. However, if no possible creative choices have been made (as the shape is too basic), the design cannot be protected. The Burly Basket Round, introduced by the company Lifestyle, has a great resemblance to the Wire Basket. This raises the question if the Burly Basket Round is an infringement of the copyrights of Ferm Living. Lifestyle states that, due to the trivial and functional shape of the Wire Basket Round, no Intellectual property claims can be made. » copyright
Humour or cease and desist letter? Briliant Ikea campaign to act against infringement Balenciaga bag

Humour or cease and desist letter? Briliant Ikea campaign to act against infringement Balenciaga bag

During Balenciaga’s spring show, all of a sudden an oversized bag is shown on the catwalk which very much resembles the famous cobalt blue Ikea bag, designed by Marianne and Knut Hagberg. However, the shown bag is made of leather and has a zipper. Apart from that, the bag only costs 2.145 dollars. Ikea could invoke its copyrights on the design (which apparently has not been registered as a design right). The shape of common day to day products are protected by copyright, if they can be considered as intellectual creations, where the designer made personal choices. So legal action is possible in this case, but is it the smart thing to do? » copyright
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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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