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Trademark news

Barbie tackles copycat

Mattel has been a producer of the Barbie fashion doll for over 60 years. When Jieyang Defa Industry applies for design protection in the European Union for a comparable doll's head, Mattel starts an invalidity proceeding against the application. » design-law

Ferrari bonnet unregistered design?

Mansory Design sells tuning kits with which the appearance of a 'normal' Ferrari 488 GTB can be transformed to look like a FXX-K, a rare race car of which only a few exist. Main characteristic of the latter is the V shape of the bonnet (hood). Ferrari has not protected the appearance of this car as a registered design however it opposes the sale of the tuning kits, relying on an unregistered design. This normally applies to the entire product. Can Ferrari rely on a part of such a design? » design-law

Cheaper Design Protection in China

Often companies claim trademark protection abroad through the International Registration (the so called Madrid Treaty & protocol). There is a similar route for design protection, through the International design registration (The Hague Convention). There is a big difference between designs and trademarks however, a claim for protection can only be successfully made if a model is new (ie not after a few years). Recently China acceded to this treaty. » design-law

Babymilk blenders on bol.com

The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the accompanying measuring cup. In order to protect the design, the manufacturer has applied for a Registered Community Design registration for this feature. » design-law

Dish brushes with feminine shapes

The Spanish company Casa Vigar designs all sorts of household products, including dish brushes. This brush was protected with a Community Design Registration (requirements: novelty and individual character). Characteristic features are the long bristles as a hairstyle, the long neck and the distinct feminine shape: a bust and waist. When Edco starts offering a similar brush, Casa Vigar demands a ban. » design-law

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ABCHronicle

Abcors ABChronicle no 46

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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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