Trademark news

Product photography on the house

Last year, an interesting ruling was passed by the judge regarding the use of stock photos. Normally, stock photos are protected by copyright law. The main rule is, that an intellectual creation has to be made independently. In short, creative choices have to be made. In case of pictures, these conditions are normally met given the composition, the angle, the use of light etc., but is this also the case with stock photos? Clearly not, according to a car company that used a close-up picture of a temperature gauge in a car. » copyright

Fraudulent invoices – rascals in jail

In our profession, fraudulent or misleading invoices remain an ineradicable evil, which is spreading all over Europe. It is important that companies file a report (in the Netherlands there is a specialised helpdesk, Nationale Fraude Helpdesk info@fraudehelpdesk.nl) in case they are victimised. Only then, it will be clear to everybody, how high the damages actually are. » other-general

Comparing apples to pears/ oranges - coat tail riding well known mark

Well-known trademarks have a broader protection against third parties that seek to take advantage of their reputation. How far does the protection reach?For many years, Apple has been one of the most valuable trademarks in the world. The brand is known for more the 35 years, as innovative and has a formidable reputation. The Apple logo is a distinctive sign that appears everywhere (for example on the iPhone and iPad). When Pear Technologies from China files for protection for a stylized pear to distinguish ICT software products, Apple files a complaint. » trademarks

VidaGra Stimulating or sickening? Coat-tail riding on well-known trademark

VIAGRA is one of Pfizer’s main trademarks. Since its introduction in 1998, the product is a great success with a yearly revenue of little over a billion Euros. The product is available on medical prescription. However, success has its downside, when third parties try to take a piece of the pie as well. Discussing erection problems with a doctor might be a bit of an embarrassment for many men, which is probably the reason for a flourishing online trade of the product. Research reveals that 60% of the amount of pills sold, is being obtained via illegal trade. » trademarks

Witte wieven are witches - conceptual similar trademarks

Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However, is one of these criteria sufficient to obstruct another trademark. This is the central question in the ‘Witte Wieven’ cheese case. » trademarks
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PURE - MENTOS

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?
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