Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours in gold and nickel) with a bottom plate made of marble. To protect its rights both tables are filed as European designs. When a similar table appears on the market Eichholtz demands a prohibition on this. The other party claims that the design registrations are not valid. The design would not be new and does not have its own character since it has the same shape as the Ascher-diamond. The main question is whether use of the same design for a different product affects novelty. »design-law
The advertising commission received a complaint about a liked message on the Facebook account of a grand café. The ad shows Patsy and Edina, who are apparently famous for being in a TV show called “Absolutely Fabulous”. The ladies claim that:“If anyone tells you it’s too early to drink wine… unfriend them. You don’t need that kind of negativity in your life!”.The plaintiff states that this message is in contravention with paragraph 14 of the Advertising Code. It encourages people to start drinking early and pretends that the risks of addiction are something to laugh at. »social-media
Using a trademark in a joke about the latest news is mostly allowed as a parody. However, where is the crossing line between making a parody and commercially profiting? We see this question arise repeatedly when companies use well-known trademarks or persons in a humoristic way in their marketing. »trademarks
This year, Google has been proclaimed (in the Brandtz top 100) as the most valuable trademark in the world (an estimated 229 billion US dollars). In the top 100 there are also Dutch companies: Heineken (10,5 billion) and Shell (almost 15 billion). The most expensive trademarks belong normally to the technological companies, like Apple, Microsoft, Facebook and Amazon. However on what scale the value of a trademark diminishes in case of a bankruptcy? »trademark-registration
Some artists use trademarks to highlight societal problems. For the owner of the trademark in question this is often unpleasant. The trademarks is linked to nasty experiences. In case of a conflict the artist usually invokes his freedom of speech and in many cases this is enough to persuade the judge. Because of media attention many companies even choose not to act anymore at all and simply wait until the storm is over. »parody
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?