Trademark news

Babymilk blenders on

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

Cheaper design protection in Mexico

Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible if the design is new. For that reason, step-wise expansion of design protection makes no sense. » design-law

Claiming furniture design

Last year, the EU Court passed an important ruling on the relationship between design law and copyright. It was indicated that copyright does not always provide the same protection as a design right. Copyright can only be invoked if an intellectual creation is concerned. This seems to put an end to the ultra-low threshold that was applicable in the Netherlands and with this ruling the importance of claiming design through a design registration has increased considerably. » design-law

Nullity design Porsche 911

Two requirements have to be met to claim design protection of a product through a registered design. The design must be new and have its individual character. A product has individual character if it makes a different overall impression from already existing designs. The freedom of the designer plays a role in this (designs may vary a lot or a little). If that freedom is very limited (for example due to technical requirements), smaller differences will be sufficient for a different general impression. The basic shape for the Porsche 911 dates from 1963. Almost every year Porsche makes slight design modifications, for which design rights are claimed. Is this possible? » design-law
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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?