This past month the first part of the eBook series IE-in bedrijf (IP-in company), for which we are the co-author, was launched. The series follows the life cycle of a company (from start to take over). The first part is about name creation and focuses on tradename and trademark rights. What to think of with a new name, and what the consequences are of registering or not registering the trademark, as well as which pitfalls and dangers to expect. »other-general
Social media is becoming more important in communication. Some companies anticipate on this. Coca Cola (2 million followers on Twitter), for example has recently filed two trademark applications for her slogans in combination with a hashtag: #cokeandpics and #smilewithacoke. With these registrations the company wishes to secure her social media campaign. »social-media
A trademark right does not only give protection against use by other of the trademark for similar products, but also for complementary products. The question is, however, how far does this reach? Porsche has registered the trademark CARRERA in 1976 for sports cars. After manufacturing the Porsche Carrera GT (2006), a European trademark is applied for CARRERA for navigation equipment. Porsche opposes this application. »trademarks
Under the name PRONAILS, for many years, Amazing Brands has sold artificial nails and related products. In 2012 trademark protection is sought in the Benelux, however, the trademark is refused by the authorities. The trademark is descriptive according to them. NAILS is evidently a generic English term and PRO is an abbreviation of professional. The trademark is therefore descriptive for nail products provided by professionals. The trademark has, however, been accepted by the French and European trademark authorities. This does not influence the decision making policy in the Benelux, however. »trademark-registration
Plaintiff makes furniture made of glass fiber and polyethyleen and is the maker of the Ball Chair (designed in 1998(. Ramblaz produces promotion articles and at the request of a brewery a char that looks very much like the Ball Chair. When Ramblaz is confronted by the designer he does not deny the copying, but claims that there are no copyrights, enabling him to freely copy the chair.An object only receives copyright protection if it is original, and an independent intellectual creation. Which defendant claims it is not since there is an older chair made by Eero Aarnio in 1968, which also features a ball. »copyright
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?