Trademark news

Product liability: Saeco and Philips too?

A company's core business can always change. A good example of this, is the company Philips. Known for its lamps, televisions and audio equipment in the past, Philips nowadays produces medical equipment. When a company decides to change the main focus of their business, the older brands are often licensed to third parties, so that they can continue producing the old products. This raises the question: who is liable if something is wrong with these product? » advertising-law

Sustainability claims in advertisement

More and more people are concerned about what the world will look like in the future. Sustainability is becoming increasingly important for consumers and influences their purchasing behaviour, choosing particular brands that claim to be sustainable. Consumers must be able to rely on these claims. Companies that make efforts to promote sustainability, must be protected against companies that unfairly use misleading sustainability claims. This gave the ACM (Authority Consumer & Market) reason to investigate misleading claims in the clothing industry. » advertising-law

Look-a-likes logo registration - Ralph Lauren polo player

Numerous companies are still trying to capitalize on the reputation of well-known brands. They often use visual elements or logos which immediately remind us of well-known trademarks, regardless of the words accompanied by these visual elements. To deal with this type of practices, it is wise to register the logo separately as a self-contained trademark. » trademarks

Hikvision: Liability online marketplace

Hikvision is a worldwide supplier of security and surveillance products. The company has an EU trademark registration for the word mark HIKVISION. Hikvision makes an undercover test purchase via the online marketplace/webshop <lightinthebox.com>. The product received is manufactured by Hikvision, but it is a parallel imported item (a product destined for sale outside the European Union with a different price tag). » internet-online-branding

PUMA logo PUMN: spot the differences

It is still a strange but given fact. Sometimes companies apply for trademarks for which the source of inspiration is beyond obvious. A senseless operation, so it seems. » trademarks
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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?