D-Reizen: bankruptcy and trademark rights

As a result of the pandemic last April, the curtain dropped for D-reizen, one of the largest tour operators in the Netherlands. On March 12, however, all trademark rights were suddenly assigned to another entity, keeping the rights outside the bankruptcy. Immediately the question arose whether this constitutes a fraudulent act (a transfer of assets that is disadvantageous to creditors)? Probably yes, given the fact that parties are facing each other in court.

 

The incident clearly shows that companies should not record such assignments at the last instant. Many companies consciously place all their IP assets, such as patents, trademarks and domain names, in separate IP Holdings. These IP holding companies then license the right to use the trademark to the operating company.


So don’t automatically register your IP in name of the operating entity. If part of the goodwill should be secured, ensure that it is held somewhere where it cannot be touched and do so in a timely and correct manner.

trademark-registration



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PURE - MENTOS

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?