The design of a product can be protected as a design if it is novel and has individual character. Some products are composed of many different parts. This is known as a composite. With composites there is an additional rule, namely that this part must be visible in normal use. But what exactly is a component part of a complex product? »design-law
Mansory Design sells tuning kits. These allow the appearance of an "ordinary" Ferrari 488 GTB to be transformed into a particularly expensive Ferrari FXX-K model. The distinctive features of this FXX-K model are the V-shaped hood and front spoiler. Ferrari did not file a registered design application for this, but nevertheless wanted to stop these tuning kits and therefore invoked an unregistered community design. »design-law
To qualify for design protection, a product must meet two requirements: it must be novel and have individual character. If the design is part of a composite product, there is an additional requirement. The design must be visible during normal use. But what exactly is normal use? The Court answers this using a special pattern of the bottom of a bicycle saddle. »design-law
Christmas is the time of the year when we celebrate appreciation and love we have for each other. It is the beautiful spirit of Christmas that makes the holidays so unique and therefore, this spirit should not be claimed by anyone. At the same time, Christmas is the time of year that companies monetize extensively. Associating themself with Christmas through marketing, launching new products in the holiday season, but also blocking and prohibiting each other from doing similar things. Legally this is not prohibited, but as a company you have to ask yourself, where do you draw the line? »design-law
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
Henny Rietkerk Compra BV- domainnames, apps and website design
"Abcor has a great team of professionals. With an understanding of business and marketing."
Melanie Bauer Mecy 2 bv - Gangster energy drinks
"The cooperation with Abcor is great. The attorneys can easily be contacted by telephone and/or email. Gangster energy 😄"
Martin de Waal AIRMADE air solutions- aircondition and climat control apparatus
"Abcor thinks along with the client and provides professional advice. A very pleasant collaboration!"
Alex Duindam Piet Vijverberg Nursery - nursery specialisted in Phalaenopsis and Dracaena
"Our long-standing partner with regards to trademarks is Abcor. We grow plants and they always grow and bloom. "
Loes Vrij Fashion designer
"Involvement, punctuality and an eye for the client"
Enzo Knol Knol Power - vlogger- influencer
"What I like about Abcor is that they are pro-active. They have made a proposal for me how to anticipate on coat-tail riding, the situation that other parties will abuses my name and Knolpower brand. I appreciate their out-of the box approach."
Warmako
"platform for pet brands a.o. CleoCat, Dogr, District70, Geen Fields Rebel Petz"
Mark Uittenbogaart Mark your Business - advertising agency
"Catchy design that matches brand identity. Targeted recruitment campaigns. Websites and online findability."
Christa Wouda Dio Academy
"As a sustainable transition adviser, The Dio Academy helps in reducing carbon footprint and total cost through innovation and makes people and organisations agile. "
Robin van Kooten OUTSTANDING
"We raise camping to a higher level and supply campsites and holiday parks worldwide with luxury safari tents."
Action Discounter
"Action is Europe's fastest growing non-food discounter. We pride ourselves on offering good and surprising everyday products at very low prices."
Royal Philips Electronics N.V. consumer electronics
"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."
KPN Telecommunication
"As the network of the Netherlands we are passionate about offering secure, reliable and future-proof networks and services."
Eurol Lubricants
"Since 1977, Eurol has been developing and producing lubricants and technical fluids."
Beaphar Pet care products
"Beaphar provides affordable, accessible health, care and nutrition products of high quality to pets and their families in more than 86 countries."
MessageBird Application software and APIs
"The platform, applications and APIs of MessageBird help businesses streamline conversations through their customers’ preferred channels — like WhatsApp, Email, SMS, Voice, WeChat, Messenger, Instagram"
Andre Kuipers SpaceTalk - astronaut
"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."
Ilfari Decorative lighting
"For more than 20 years Ilfari has have made tailored luminaries."
ADO Den Haag Professional Dutch Football
"ADO Den Haag is a financially stable football organisation, structurally competing for European football in a full stadium."
MOOI MENS Stichting Kledingbank Amsterdam
"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."
River2Sea Fishing articles
"River2Sea has specialised entirely in the design and production of high-quality lures."
Tehava Bicycles
"Tehava is an international distributor and importer of bicycles, parts and accessories in the mid- and high-level sports segment"
Dechra Pharmaceuticals Veterinary pharmaceuticals
"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."
Rainforrest Alliance International non-governmental organization
"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."
Scotch Whisky Investments Investment company
"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."
Dancohr Corporation Cosmetics
"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "
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?