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Trademark news

MOB bag a parody of Louis Vuitton - parody in trademark law

The court in New York has opened the door for parody in trademark law. My other Bag sells canvas bags with the test “My Other Bag” on the front and a drawing of a Louis Vuitton bag on the back side. The bag refers to the “my other car…” bumper stickers that were popular in the 70’s. Cars used to drive around with this sticker suggesting that the owner had another more luxurious car like a Mercedes. A joke that many Americans still remember today. Louis Vuitton does not appreciate the joke and files a lawsuit. » parody

DISMALAND vs Disney, parody or trademark infringement

Some artists use trademarks to highlight societal problems. For the owner of the trademark in question this is often unpleasant. The trademarks is linked to nasty experiences. In case of a conflict the artist usually invokes his freedom of speech and in many cases this is enough to persuade the judge. Because of media attention many companies even choose not to act anymore at all and simply wait until the storm is over. » parody

Puma devours Poodle

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

Farmer searches better wife not allowed

On February 7th the new theatre comedy of Toupe of Joep premiered. A week before opening night Blue Circle, the producer of Farmer searches Wife, clearly voiced its unhappiness. In order to prevent coat tail riding the company has registered the name of the program as a trademark. » parody

Advertising regulation in the Netherlands - Parody and tobacco

The Tobacco Act prohibits advertising and sponsorship of tobacco. The secretary of public regularly has to file procedures against covert advertisement of tobacco. Even the parody poster of cinema 'The Ketelhuis' could not be approved. The playful poster, based on the Lucky Strike logo with a warning: “Dutch films are close to your heart" was seen as a form of circumvention of the Tobacco Act. » parody

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ABCHronicle

Abcors ABChronicle no 46

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IP Quiz

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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?

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