Picnic parody: compensation Max- advertising and online exposure

Picnic, a chain of grocery stores, has put himself in the spotlight in one strike with parody of a competitor’s commercial starring popular formula 1 driver Max Verstappen. As hoped and desired, the campaign went viral. The fact that this infringes upon Max's portrait rights only increased the effect. For a normal ad campaign to achieve similar impact the costs would be ten-fold. Because Max has a convertible popularity, a lawsuit followed in which he demanded 450,000 euros compensation.

In the lawsuit, reports were submitted to substantiate which compensation Max would normally receive for appearing in a commercial. It is unclear whether a calculation was made how much this campaign has saved Picnic. The court ultimately determines the compensation at € 150,000. In my opinion a pittance, given the purpose of Picnic to put their brand on the map in one go. The argument that the Picnic cannot be blamed for the campaign going viral does not hold much water. In fact, that is precisely what it was intended to do. Hopefully parties will appeal, allowing this factor to be included. It cannot not be that intentionally infringing behavior is rewarded in the Netherlands.

advertising-law



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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?