Trademark news

Trademark Clearinghouse – start sunrise new gTLDs

Since March, the Trademark Clearinghouse (TMCH) started. A database of trademark holders can register their trademarks. Its purpose is to enable proprietors to quickly and easily apply for an application in the sunrise phase at the launch of the new top-level domain names (like. SHOP,. CAR etc). After a very slow start, the applications are starting to increase. Currently there are some 10,000 registered trademarks. » domain-names

Domain name holders suffer from phishing

Phishing is a form of Internet fraud, using a false (but identical) website. Especially banks are affected. As a user you get an email stating that, for example, you should check your login details on the site. That site is not the real site of the company, but a copy. The unsuspecting user logs on with his password or credit card number. With this information the fraudster obtains this sensitive information and no doubt will use it immediately.    » domain-names

UDRP Procedures domain name infringement; Typosquatting - LOI calls on LOIKIDZ.NL

In proceedings before the WIPO, LOI successfully claimed the domain name LOIKIDZ.NL. The infringer was a notorious typosquatter that had been convicted of similar cases fourteen times already in the past. Under  the name LOIKIDZZ and using the website LOIKIDZZ.NL  LOI provides courses, especially for children. Given the success of this new label, there are always parties that want to profit from it. Most often by registering a very similar domain name in order to generate sponsored links (pay per clicks).   » domain-names

Red Bull loses UDRP procedure - domain name infringement

Sometimes a trademark is used as part of a domain name. This is quite undesirable, because it implies a bond between the trademark holder and the owner of the website. Usually this is not a problem for the trademark holder, since a simple UDRP procedure is usually all it takes to obtain the rights to the domain name registration. Red Bull, however, recently lost such a procedure concerning the domain name REDBULLNORGE.COM. » domain-names

TomTom stops GRATISTOMTOM.NL

Using the website GRATISTOMTOM.NL (freetomtom.nl) funeral insurances were being sold. In order to attract customers various products were being offered for free if an insurance deal was be made. One was allowed to chose from a SOLARA picture frame, APPLE iPod or a TOMTOM navigation system. » domain-names
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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?