It is common knowledge that fame and fortune has its price. So, what about the privacy protection of ordinary people? As a rule, pictures of persons (with the exception of ordered portraits) can be used freely to a certain extent. The Supreme Court in the Netherlands has previously ruled that also ordinary people are entitled to protection, if they are being depicted for commercial purposes, as can be concluded from its decision in the IT’s Disco dancer case. The audience might think that the person in question authorized the use of the picture and/or supports the campaign. This protection is often in conflict with the corporate freedom of speech. The question which of the two prevails is being considered in the Schiphol Picture case. »copyright
As early as in 1999, Diesel registered it´s D-logo for clothing in the European Union. When Sprinter Megacentros files its own D-logo in the European Union, Diesel opposes. Initially Diesel’s claim is denied, based on the assumption that the average consumer would not recognize the character D in the logo and see it as a mere trivial shape. Therefore the trademarks are visually, phonetically and conceptually dissimilar. »trademark-registration
For the new Magnum Ice-cream campaign, Unilever files the trademark RELEASE THE BEAST. The trademark is claimed for ice cream and ice lollies. Monster opposes on the basis of its word trademark UNLEASH THE BEAST, registered in 2011 for non-alcoholic beverages. The Benelux Office for Intellectual Property (BOIP) denies the opposition because the goods are not considered similar. Monster successfully appeals the decision. »10
Three Dutch professional football players launch the fashion trademark BALR in 2013. The black and white T-shirts with the print BALR have become popular and well-known. Especially when Angel di Maria, a famous football player, is spotted in a BALR t-shirt. The trademark is registered in 2015 for a wide range of products. In February, BALR is tipped off about the possible sale of counterfeit products. »10
WIPO’S International trademark registration offers the possibility of affordable trademark protection abroad. Almost a hundred countries have joined already. The latest newcomer is Thailand. »trademark-registration
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?