FAQ

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.

Decathlon and H&M promote clothing items using terms such as 'ecodesign' and 'conscious', without clearly indicating the sustainable benefit. When the ACM addresses the companies on this matter, they immediately promise improvement. The information on the websites was altered and a donation of 500,000 euros has been made to various causes aimed at improving sustainability.

Within the field of intellectual property, we should also think more about sustainability. For example, when there is a situation of infringement (e.g. parallel imports), we often demand immediate destruction of the infringing goods. Which is of course anything but sustainable. Possible alternatives include the dismantling of products, so that the materials can be recycled or donated to charity. It's time for us take a different approach.

advertising-law

Goodwill business / IP check

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Robin van Kooten
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"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."

KPN
Telecommunication

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Eurol
Lubricants

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Pet care products

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Application software and APIs

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Andre Kuipers
SpaceTalk - astronaut

"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."

Ilfari
Decorative lighting

"For more than 20 years Ilfari has have made tailored luminaries."

ADO Den Haag
Professional Dutch Football

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MOOI MENS
Stichting Kledingbank Amsterdam

"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."

River2Sea
Fishing articles

"River2Sea has specialised entirely in the design and production of high-quality lures."

Tehava
Bicycles

"Tehava is an international distributor and importer of bicycles, parts and accessories in the mid- and high-level sports segment"

Dechra Pharmaceuticals
Veterinary pharmaceuticals

"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."

Rainforrest Alliance
International non-governmental organization

"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."

Scotch Whisky Investments
Investment company

"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."

Dancohr Corporation
Cosmetics

"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "

ABCHronicle

Abcors ABChronicle no 50

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IP Quiz

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defendant

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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