Fryslân Boppe; launch .FRL

After a test phase of three months the .FRL extension (for Friesland, a province of the Netherlands) was launched. A hundred prominent Frisian organizations (such as Boomsma, van de Beerenburg and province Fryslân) have converted their old .nl website to the new .FRL. Of course .FRL is also open to companies and persons who are from outside of Friesland.

Everyone van register for a domain name between February 2nd and April 2nd. Should this be the only application the domain name will be granted. Should there be multiple identical requests the domain name will be awarded by a set of criteria. Applications made by the government will come first, followed by trademarks owned by companies, followed by trademarks owned by individuals. The main other criteria here is that Frisian applicants have right of way of non-Frisian.

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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?