Trademark news

Yoko Ono and John Lemon gin

In 2015, two young entrepreneurs started Kever Genever. The aims is to get the younger generation to drink the traditional Dutch Gin (jenever). Last year, four readymade mixed drinks were launched in half-litre cans. The name John Lemon was chosen as a designation for the mix with lemon, syrup and water. » trademarks

Barbie tackles copycat

Mattel has been a producer of the Barbie fashion doll for over 60 years. When Jieyang Defa Industry applies for design protection in the European Union for a comparable doll's head, Mattel starts an invalidity proceeding against the application. » design-law

Buro Blanchard to partner with Abcor trademark agency

In order to secure continued support of its customers IP assets, Buro Blanchard decided to formalize the collaboration with Abcor trademark agency of Leiden, the Netherlands. Buro Blanchard and Abcor had been informally working together for several years. Not to anyone’s surprise because Frans Blanchard and Theo-Willem van Leeuwen (founder and CEO of Abcor) had known each other since the 1990’s from the advertising business. » other-general

Puma formstrip well-known serial trademark

Between 1960 and present Puma has obtained nearly 90 trademark registrations in Europe for its formstrip. When Monshoe launches sneakers with a similar imprint, Puma argues this constitutes an infringement of its serial trademark. Monshoe defends itself claiming that the consumer does not perceive a trademark in this, just a decorative print. The design hardly calls an association with Puma in the public’s mind. » trademarks

Protection of an idea

Many people think that they obtain copyright protection for an idea by putting it in writing and submitting this to an online register like CCproof. Unfortunately, that is often not the case.An idea must have materialized for something to become 'a work'. If the work is also an intellectual creation, it may be copyrighted. An online “registration” of the idea can never be more than a piece of evidence. » copyright
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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?