Trademark news

Ferrari bonnet unregistered design?

Mansory Design sells tuning kits with which the appearance of a 'normal' Ferrari 488 GTB can be transformed to look like a FXX-K, a rare race car of which only a few exist. Main characteristic of the latter is the V shape of the bonnet (hood). Ferrari has not protected the appearance of this car as a registered design however it opposes the sale of the tuning kits, relying on an unregistered design. This normally applies to the entire product. Can Ferrari rely on a part of such a design? » design-law

Abcor ranked in WTR1000

Trademark agencies are ranked annually based on independent assessments by clients, carried out by several different organizations. These rankings are of great importance, as it gives a firm recognition of their services and provides insight in the client’s satisfactory. The leading ranking institution in this respect, is the WTR 1000. The WTR 1000 lists the leading companies in the field of trademark law per country. We are proud to announce that this year, Abcor is once again recommended in the WTR1000 for the Benelux. » other-general

Trademark no more: I want to get rid of my car

Dealerdirect Global operates a website <ikwilvanmijnautoaf.nl>, which would translate into Iwanttogetridofmycar.com. A competitor also uses this Dutch phrase meaning 'I want to get rid of my car' on its website. The parties agree that the sign I WANT TO GET RID OF MY CAR has no distinctive character for trading in used automobiles. Plaintiff states, however, that through its intensive use in advertising I WANT TO GET RID OF MY CAR has become a trademark, in other words: it has acquired distinctiveness. » trademarks

New arrivals

Zoeloe van der Linden (left) and Louis Keijzer (right) have recently joined team Abcor. Zoeloe has previously worked at Novagraaf for 6 years, ever since graduating from law school. Within Abcor, Zoeloe will focus as a Benelux and European Certified Trademark Attorney on large SMEs and international customers.Louis started his journey at Abcor as a paralegal, straight out of law school. He wrote his final thesis based on a research into the IP protection of graphical user interfaces. » other-general

Cheaper Design Protection in China

Often companies claim trademark protection abroad through the International Registration (the so called Madrid Treaty & protocol). There is a similar route for design protection, through the International design registration (The Hague Convention). There is a big difference between designs and trademarks however, a claim for protection can only be successfully made if a model is new (ie not after a few years). Recently China acceded to this treaty. » design-law
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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?