Not only King's Day (a Dutch national holiday celebrating the birthday of the sovereign) celebrations were limited this year, also the number of follow-on advertising campaigns was scarce. Question is: what is actually allowed? A good example of this is the Balcony day! campaign sponsored by Ticketswap! The campaign calls for people us to raise their glass on their balconies (so at home, maintaining social distance) in honor of our King. The four most beautiful photos could win a TicketSwap voucher. The face in the advertisement resembles that of our King. Is this allowed? »advertising-law
In the Benelux we do not know an exclusive right to our own name. If a company wants to claim a family name as its exclusive name, it will have to file a trademark registration. In the EU, it is sometimes possible to tackle name-hijacking, if it is clear that this name was registered as a trademark in bad faith. In some countries, like China, that protection goes a bit further and there is such a thing as a right to a "personal name". »trademarks
Adidas uses three parallel stripes as the distinguishing sign of its products. Characteristic is the number and the fact that the stripes are just as wide as the space between them. The design dates from 1949. To protect the goodwill of this brand, the company acts consistently against other sports brands that use stripes. The best known conflict is, we suspect, the series of lawsuits against Hennes and Mauritz that has been ongoing since 1997, over the use of the two stripes on fitness clothing. »trademarks
Last year, the EU Court passed an important ruling on the relationship between design law and copyright. It was indicated that copyright does not always provide the same protection as a design right. Copyright can only be invoked if an intellectual creation is concerned. This seems to put an end to the ultra-low threshold that was applicable in the Netherlands and with this ruling the importance of claiming design through a design registration has increased considerably. »design-law
HEKS'NKAAS (Witches’ Cheese) is a herbal cream/cheese dip and has been a hit in the Netherlands for years. When production is shifted from one party to another, the former producer launches a similar product under the name DIP&SMEER (Dip&Spread). However, the producer of HEKS'NKAAS has trademarked their packaging, both with and without the brand name on it. That turned out to be a smart move, because it makes a claim on the look and feel of the product. A lawsuit is filed against the very similar packaging of the newcomer. »trademarks
Henny Rietkerk Compra BV- domainnames, apps and website design
"Abcor has a great team of professionals. With an understanding of business and marketing."
Melanie Bauer Mecy 2 bv - Gangster energy drinks
"The cooperation with Abcor is great. The attorneys can easily be contacted by telephone and/or email. Gangster energy 😄"
Martin de Waal AIRMADE air solutions- aircondition and climat control apparatus
"Abcor thinks along with the client and provides professional advice. A very pleasant collaboration!"
Alex Duindam Piet Vijverberg Nursery - nursery specialisted in Phalaenopsis and Dracaena
"Our long-standing partner with regards to trademarks is Abcor. We grow plants and they always grow and bloom. "
Loes Vrij Fashion designer
"Involvement, punctuality and an eye for the client"
Enzo Knol Knol Power - vlogger- influencer
"What I like about Abcor is that they are pro-active. They have made a proposal for me how to anticipate on coat-tail riding, the situation that other parties will abuses my name and Knolpower brand. I appreciate their out-of the box approach."
Warmako
"platform for pet brands a.o. CleoCat, Dogr, District70, Geen Fields Rebel Petz"
Mark Uittenbogaart Mark your Business - advertising agency
"Catchy design that matches brand identity. Targeted recruitment campaigns. Websites and online findability."
Christa Wouda Dio Academy
"As a sustainable transition adviser, The Dio Academy helps in reducing carbon footprint and total cost through innovation and makes people and organisations agile. "
Robin van Kooten OUTSTANDING
"We raise camping to a higher level and supply campsites and holiday parks worldwide with luxury safari tents."
Action Discounter
"Action is Europe's fastest growing non-food discounter. We pride ourselves on offering good and surprising everyday products at very low prices."
Royal Philips Electronics N.V. consumer electronics
"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."
KPN Telecommunication
"As the network of the Netherlands we are passionate about offering secure, reliable and future-proof networks and services."
Eurol Lubricants
"Since 1977, Eurol has been developing and producing lubricants and technical fluids."
Beaphar Pet care products
"Beaphar provides affordable, accessible health, care and nutrition products of high quality to pets and their families in more than 86 countries."
MessageBird Application software and APIs
"The platform, applications and APIs of MessageBird help businesses streamline conversations through their customers’ preferred channels — like WhatsApp, Email, SMS, Voice, WeChat, Messenger, Instagram"
Andre Kuipers SpaceTalk - astronaut
"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."
Ilfari Decorative lighting
"For more than 20 years Ilfari has have made tailored luminaries."
ADO Den Haag Professional Dutch Football
"ADO Den Haag is a financially stable football organisation, structurally competing for European football in a full stadium."
MOOI MENS Stichting Kledingbank Amsterdam
"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."
River2Sea Fishing articles
"River2Sea has specialised entirely in the design and production of high-quality lures."
Tehava Bicycles
"Tehava is an international distributor and importer of bicycles, parts and accessories in the mid- and high-level sports segment"
Dechra Pharmaceuticals Veterinary pharmaceuticals
"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."
Rainforrest Alliance International non-governmental organization
"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."
Scotch Whisky Investments Investment company
"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."
Dancohr Corporation Cosmetics
"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "
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?