Domain names are registered on ‘first come, first served’ basis. This created a new phenomenon called: domain name hijacking. Quickly register domain names with names of famous people or famous brands with the aim of selling them for a lot of money. To stop this, the UDRP was invented, a quick and cheap procedure to reclaim a domain name. The UDRP is still very popular, but sometimes not the best route in a conflict, as became clear by the case of <mediawebshop.nl>. »internet-online-branding
As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN logo was registered in black and white in the EU as a device mark for almost all goods and services. A smart move, because that way the logo can be turned for profit. Many of the club’s sponsors (including a beer brewer) bring products to the market with the logo ride along on the popularity of the team. The logo consists of the name with the pattern of the Bavarian flag in the middle. When another Bavarian brewery comes up with a similar logo, the football club objects »trademarks
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
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?