A professional illustrator is commissioned by a Dutch broadcasting company to make a silhouette drawing of a Santa-Claus figure seated on horseback. A few years later, this image (be it mirrored or not) finds its way onto gift-wrapping paper (beside other drawings). The wrapping paper can be purchased online. The vendor also claims having the copyrights on this design. Because the image was used without permission and because of the unjust copyright claim, this forms an infringement of the copyright and personality rights of the original creator. The damage is estimated at € 5.000, -. So far it’s a simple / clear case. »copyright
Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with this by using a similar logo, but with a different brand name. However, that doesn’t stick. »trademarks
Copyright does not only apply to art with the capital A. Also daily used articles are covered by its protection. However, the product (a work) must be an original creation. In short, creative choices have to be made. If another company launches a very similar product, this can be a copyright infringement. »copyright
This summer Ilja Gort, a well-known Dutch writer, musician and wine maker, made his way into court again. This time, the question was whether the brand “Dutch Tulip Vodka” is an infringement of the trademark rights of Mr Gort’s “La Tulipe” wines. Parties had not been able to reach a settlement, neither outside the court nor in chambers, so in the end the court has to decide this case. »trademarks
To prevent third parties from using the name and heritage of John Lennon, Yoko Ono has registered the name as a trademark. The word mark JOHN LENNON is registered for a wide range of goods and services, including soft drinks. When soft drinks are offered using the name JOHN LEMON, advertised depicting, inter alia, the iconic glasses of John Lennon, she objects successfully. The parties reach a settlement. The soft drink is renamed, holding sufficient distance from the name John Lennon. »trademarks
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?