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
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