Trademark news

Benelux trademark now accepted for Amazon and Bol.com brand registry

Many businesses sell products online through platforms such as Amazon and Bol.com. If a potential customer is looking for the product online, it is preferable that ends up with the right seller. But what if another company also sells these products under (almost) the same name? » internet-online-branding

Online infringement and court competence

AMS Neve manufactures and sells audio equipment in the United Kingdom. The trademark 1073 is registered in the European Union for recording equipment in class 9. AMS Neve files a lawsuit in England against Heritage Audio from Spain, for selling counterfeit equipment under the mark 1073. As proof, twitter messages and e-mails directed at English consumers are submitted. » internet-online-branding

Data breach Youth care

This spring, RTL News reports that personal data of thousands of children had fallen into the hands of third parties. Youth care Utrecht had changed its name. For that reason, the old internet domain registration was not renewed. If a domain registration is not renewed, it will become available and third parties can register it again. Two whistleblowers had re-registered the domain name and had reactivated the mail address. As a result emails were received from employees still using the old e-mail address. » internet-online-branding

OK.nl – Supreme Court gives a definitive answer

A legal battle has been going on for years about the very nice domain name <ok.nl>. Gaos has registered this domain name as far back as 1999. Fuelplaza operates petrol stations and has owned the OK logo since 2003. The company uses the domain name <okolie.nl> online. The domain name <ok.nl> is howeverpreferred. First the company attempts to buy the domain name. If this does not work, several lawsuits follow, up to the Dutch Supreme Court. Gaos plans to use the domain name for a social purpose, it claims, but it still has no active website on the URL. Is that allowed? » internet-online-branding

Telephone scammers offer domain name registrations

A Dutch timber company claims it has been contacted by a company called “the Trademark Office” in 2018 with an offer to register it company name as <.com> and have it redirected to the <.nl> website for ten years for an amount of €297,- (per year). An audio recording was made, just form the moment the company agrees to the proposal (at the end of the conversation). » internet-online-branding
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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?