In Europe there are certain guidelines one must follow when it comes to packaging of products. It is important that the packaging does not mislead the consumer as to the products and their ingredients. But where exactly is the line that determines what is and what is not misleading?German manufacturer Teekanne sells tea under the name Felix Himbeer-Vanille Abentuer. On the packaging raspberries and vanilla blossom is depicted and it states “fruit tea with natural aromas” it also has a seal that says “only natural ingredients”. A look at the listed ingredients, however, clearly shows that there are no natural elements in the tea at all. »advertising-law
Fuelplaza exploits gas stations under the name OK. The company registered the logo OK in 1983 in the Benelux. On the internet the company is found at ok-olie.nl. Because ok.nl is a much better name the company approached Goas in 2007, 2013 and 2014 to buy the domain name. This was unsuccessful, and eventually a resolution was sought in court.Fuelplaza invokes its trademark rights. Because there is not an active website, consumers would assume that the company is not active. This may affect the reputation of the company. »internet-online-branding
In June the new logo for the 2020 Olympic Games in Tokyo was leaked. The logo was designed by the Japanese artist Kenjiro Sano and is based on the capital T, referring to Tokyo. Aside from the bent edges the red dot is also a prominent feature, it symbolizes a beating heart and the Japanese flag. According to Belgian designer Olivier Debie the new logo has been plagiarized. »copyright
In the Benelux there are no separate rules for the registration of personal names as a trademark. Since 2012 Roy Donders has become famous, thanks to various TV shows. In 2013 a marketing agency registers the trademark ROY DONDERS for clothing in the Benelux. After this the agency contacted Roy Donders and proposed to work together. At the time Donders was busy with a marketing campaign for a supermarket. Matters quickly escalated after that. »trademarks
A famous trademark may oppose the use of a comparable sign for completely different products. In a trademark application is filed for an orange T-Shirt that bears number 14, which is Johan Cruyff’s (Holland’s most talented soccer player of all time). The trademark was applied for a large amount of products such as clothing, but also cups and watches. Adidas opposes this application based on her famous “three stripes” trademark, and invokes her reputation, accusing the other party of coat tail riding. »trademarks
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?