The Big Green Egg is a ceramic barbecue. The egg shaped barbecue ensures that the air is circulated, which means dishes are cooked evenly. Aside from barbecuing the machine can also slow cook, smoke and even bake pizza’s. In 2014 an alternative is launched in the Netherlands, a more economic one. Named the Black Bastard, it is a black ceramic barbecue. »trademark-registration
Through trademark law a sign may be protected. Many different signs are accepted, for example: logos, packaging, pictures of buildings, comic book characters etc. However, there is a minimum requirement that the sign should have distinctive character. Because of this not everything is open for protection. »trademark-registration
Copyright gives companies the ability to act against unwanted copies of their creation. In most cases these are traditional creations such as books, movies or music. It does entail a lot more than that, though. Our High Court decided that scent of perfumes may have a copyright as well. Now there is a comparable case regarding the taste of HEKS’NKAAS, a cheese spread. »copyright
A trademark enables a company to stop other from using trademarks for similar and identical goods. Some trademark owners, however, try to stretch their rights to the very limit. Red Bull is a company known to act against any trademark application that contains the word RED or BULL. Recently the court in Germany had a chance to look into such a matter. »trademarks
German artist Thomas Horn is the creative mind behind the new clothing line PUDEL. The logo shows a black silhouette of a jumping poodle. The word PUDEL is written in the same font as PUMA’s. The trademark was used to sell T-shirts to which PUMA reacted. Horn claimed that his expression of PUDEL was protected by his right to freedom of speech. The trademark was a parody on PUMA and should therefore be allowed. »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?