Dutch tradename law- after effect Boerenleenbank (Farmerís Loan Bank)

Tradename Law provides protection for a local company for the services offered. Yet there seems to be some kind of after effect. In 1972, the Central Raiffeisen Bank and the Boerenleenbank (Farmer’s Loan Bank) merged into the RABOBANK. The name Boerenleenbankdisappeared from the streets.

This fall, an initiative was launched to start a new bank for the agricultural sector in the Netherlands under the name BOERENLEEN VERMOGEN MEER. Rabobank Netherlands objected and won. The court in The Hague based their decision on the after effect of a trade name. The cooperative banks were well known before the merger. Because a company can appeal to the trade (even if not used) if the public makes a connection between the old and the new company name. Be forewarned therefore to use any tradename that used to be used by a different company.


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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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