The Australian trademark authorities refused the trademark ZELCIVOL of Boehringer Ingelheim in Class 5 for pharmaceutical preparations. This because of the fact that the trademark contains the INN stem OL. According to section 43 of the Australian Trademark Act 1995 a trademark may be refused if it consists of an INN stem that causes confusion or will mislead with respect to the applied description of goods in class 5. Boehringer objects the decision. The Hearing Officer cancelled the decision of the trademark office and explained in which way INN stems are acceptable in trademark. »pharma
A Polish company named Viaguara markets an energy drink named VIAGUARA. The energy drink is made of the Guarana fruit, which contains a high dosis of caffeine. The company files the application for VIAGUARA with the European trademark register. Pharmaceutical company Pfizer objects this application on the bais of their drug VIAGRA, which helps against erectile dysfunctions. After much deliberation the European Court decides that the trademarks are too similar. »pharma
Last year and this year we received information that certain drugs are difficult to obtain. It concerns for example drugs with the following active ingredients: Bleomycin (anticancer agent), Doxorubicin hydrochloride (anti-breast and ovarian cancer), Cytarabin (anti acute leukemia) Thiopental (anesthetic) and recently Methoxy Polyethylene Glycol-Epoetin beta (for symptomatic anemia in kidney disease). Main stream media only addresses production problems in U.S. manufacturing sites. In the Netherlands parliament questions have been raised whether these deficiencies are caused by parallel exports. This reason is still under debate. Therefore, I would like to put the following thesis why drugs are more often no longer available on the European market, and in particular in the Netherlands.
The trademark VIAGUARA infringes the drug VIAGRA. The trademark VIAGUARA is meant for alcoholic beverages and energy drinks. The trademarks were too similar to coexist. Furthermore, they both are supposed to have a stimulating effect on mind and body. VIAGRA is a prescription drug that treats erectile dysfunction in men. Consumers may expect the same quality when taking the VIAGUARA drink.
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?