Trademark news

Influencers social media and well-known brands

Advertisers are keen on using influencers to promote their products on social media. Some vloggers’ reach is immense and they are ideal for pushing a product into the attention of the target group. Does this now also have trademark law consequences? » trademarks

Benelux trademark now accepted for Amazon and Bol.com brand registry

Many businesses sell products online through platforms such as Amazon and Bol.com. If a potential customer is looking for the product online, it is preferable that ends up with the right seller. But what if another company also sells these products under (almost) the same name? » internet-online-branding

Benelux Intellectual Property Organisation Service - Fraudulent invoices

Fraudulent invoices are an ineradicable pest in our business, it is getting worse and worse. Recently invoices were sent using the logos of the official trademark authorities like BOIP, EUIPO and WIPO. These invoices featured charges for local advertisement in remote places but also for a renewals at registers of existing trademarks but for ridiculously high prices. The parties involved are no petty thieves or small criminals. » other-general

Tony Chocolonely Sweet Solution campaign

Tony Chocolonely recently started a campaign in order to expose slavery and child labor in the world of cocoa. The goal is to end this sort of abuse. By offering chocolate bars in wraps very similar to the trade dress of competitors, these companies suddenly and unintentionally find themselves in the spotlight. The look and feel of the used packaging will immediately be recognized as Twix, Toblerone, Kitkat and Ferrero Rocher. Is this allowed? » trademarks

Max Verstappen still loses to Picnic

As an introduction of the brand Picnic, the company launched a viral parody of the Jumbo commercials featuring Max Verstappen. Celebrities popularity can be monetized. For that reason Max started legal proceedings against this use. Court agreed with Max and sentenced Picnic to total damages of € 150,000. » advertising-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?