European Community Design - Ban during opening at Trade Mart

Christina Arvin Hembo is a jewelerry designer from Denmark. Her jewellery is composed of expensive material such as gold, silver and precious stones, which can be attached to leather bracelets. Each piece of jewellery has its own name, such as passion heart and four leaf clover. The jewellery is for sale in over more than twenty countries, through various distributors, such as th company Endless. In order to protect her rights Christina has protected her creations as European designs.

Problems arise when Endless starts to offer jewellery that is very similar to Christina’s designs. Even the names of the jewellery is identical, such as passion heart. The only difference is the price, which is lower. When Christina notices that this collection is about to be presented at a large fair in Utrecht, she files legal action and requests a ban on the products.

The court decides that the jewellery is in all likeliness an infringement on Christina’s IP. Because the fair was about to open the very next day Christina was allowed to enforce a ban on the stand of Endless, along with a potential fine of € 15,000 per day. Strategically this was a very good move. Not only did it hurt the infringer financially, but publicly as well.


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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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