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Trademark news

Hikvision: Liability online marketplace

Hikvision is a worldwide supplier of security and surveillance products. The company has an EU trademark registration for the word mark HIKVISION. Hikvision makes an undercover test purchase via the online marketplace/webshop <lightinthebox.com>. The product received is manufactured by Hikvision, but it is a parallel imported item (a product destined for sale outside the European Union with a different price tag). » internet-online-branding

Prohibition of fake online reviews

Since May 28, it has been prohibited to post false consumer reviews on online stores, marketplaces or social media. The law is based on a EU directive to better protect consumers online. Reason: many consumers place great value on reviews of products and services on the Internet. » internet-online-branding

Spido: Use of Google Adword infringes competitor’s trademark

The ECJ has already passed rulings on the question whether one can use the competitor's trademark as Google Adword, a number of times. Rule of thumb is: it is allowed unless the origin function of the trademark is impaired. The advertisement must clearly show if there is a relationship between the advertiser and the trademark owner or not. » internet-online-branding

Insta Gram online coffeeshop

Domain name disputes can often be resolved through a simple administrative (UDRP) procedure. These cases often involve a domain in which the trademark of another party is part. Some companies trust that having their brandname as a domain provides sufficient protection. They often neglect to apply for trademark protection timely. This can have serious consequences. » internet-online-branding

Adword use of competitor’s trademark

When is it allowed to use your competitors / market leaders brand as an Adword in an online campaign? In a recent case defendant carried out a comparison test of his own water softener (Aquamag7000) and the Amfa4000 from competitor 24Man. The comparison is positive for the defendants product and the company wants to generate publicity with this result. If the search term Amfa4000 is entered in Google, ads appear with headlines like “Amfa4000 vs Aquamag 7000 - read this before your purchase”. » internet-online-branding

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ABCHronicle

Abcors ABChronicle no 46

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IP Quiz

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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?

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