Louis van Gaal, a Dutch soccer coach, always knows how to get and keep the media’s attention. An advertising agency bought a picture at Getty Images concerning the Dutch soccer team of 2014. The image was a perfect fit for a writing competition. By buying the license the advertising agency took care of the rights of the photographer, but it did not change the rights of the people in the picture, including Van Gaal. Because Van Gaal is famous in the Netherlands, his image has a financial value. Since no fee was paid, Van Gaal demanded € 100,000.- in damages. »copyright
Cartoon figures are regularly used to market child products. Ehrman (a big German dairy products company) launches Monster Backe, a friendly smiling dinosaur, in 2006. The character is being used for packaging’s, advertisements and online computer games. To protect the rights, the cartoon figure is registered as a European Union trademark, distinguishing milk and dairy products. When a third party applies for a European Union Trademark for a similar dinosaur, for among others milk, dairy products, pie, candy and coffee products, Ehrman files an opposition. »trademarks
If England leaves the European Union, there won´t be consequences just for English companies. In general, every company owning a European Union Trademark or European Union design will lose protection in the United Kingdom. A solution should be found in the coming years. There are three possible options. The owner of the EU trademark or design loses all his rights (highly unlikely), a one to one transformation of rights, or the EU rights will be converted into national rights. The last option is already being used in certain procedures and therefore is the most probable option. »trademark-registration
Some companies work with a series of brands. Almost all products are offered through trademarks that have something in common. One of the most famous examples is McDonald’s. Next to the name of the chain, nearly all products contain the element Mc (e.g. McCHICKEN, McDRIVE and McNUGGET). Both by using these names and registering them as trademark, the company is trying to monopolize the element Mc for food products. And this proves to be successful. »trademarks
Suit Supply is a company that manufactures and sells reasonably priced quality suits for men. It has also built itself a reputation, in the Netherlands, for its controversial commercials. Also this year, many complaints were filed before the Advisertising Code Committee (RCC), after Suit Supply launched their Toy Boys campaign »advertising-law
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?