Babymilk blenders on bol.com

The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the accompanying measuring cup. In order to protect the design, the manufacturer has applied for a Registered Community Design registration for this feature.

 

OmniChannel promotes these blenders through home shopping channels on cable TV, while also offering these products through online sales platforms such as <bol.com>. An EAN code is linked to the product. Other providers at <bol.com> may also use that EAN code as long as it is for the same product. Offering a different/similar product is prohibited by <bol.com>, but is it also legally prohibited?


When OmniChannel found out that its Baby Bullet blender is offered for sale on <bol.com> by an unknown seller, they place a trial order. However, they get a different product, the Happy Baby, which is also a blender containing a happy face.

The Court ruled that offering a similar product for sale under the Baby Bullet name (and using their EAN) constitutes an infringement on trademark and design rights. Result: a total ban on offering this product through web shops and sales platforms as well as compensation of damages. (Source image: rechstpraak.nl)

design-law



Latest news
When can a sound be a trademark?
Red Horse: coat tailing well known trademark
Misleading advertisement for Parodontax toothpaste packaging
Coin pocket Diesel valid positionmark
Valid yellow colormark Kärcher
Our Clients
Follow Abcor
claimant
defendant
claimant
defendant

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?