Mascha Feoktistova is a well-known vlogger (her Beautygloss vlog has over half a million followers). She publishes a video about her Botox treatment on YouTube. Firstly claiming that she wants to treat herself to a present, but at the end of the video stating the following: “Jani, of all people, if I would do it, I would do it with you, he is simply the best, docters.inc is very professional…in the end I got the treatment for free, very sweet but it was agreed upon beforehand” . »social-media
The advertising commission received a complaint about a liked message on the Facebook account of a grand café. The ad shows Patsy and Edina, who are apparently famous for being in a TV show called “Absolutely Fabulous”. The ladies claim that:“If anyone tells you it’s too early to drink wine… unfriend them. You don’t need that kind of negativity in your life!”.The plaintiff states that this message is in contravention with paragraph 14 of the Advertising Code. It encourages people to start drinking early and pretends that the risks of addiction are something to laugh at. »social-media
Social media is becoming more important in communication. Some companies anticipate on this. Coca Cola (2 million followers on Twitter), for example has recently filed two trademark applications for her slogans in combination with a hashtag: #cokeandpics and #smilewithacoke. With these registrations the company wishes to secure her social media campaign. »social-media
Companies reserve an increasingly bigger portion of their marketing budget for Social Media campaigns. The disadvantage of Social Media is that users do not always know who the message is from. For this reason the new Advertising Code for Social Media January 1, 2014 came into force. Its alleged purpose is to increase transparency in Social Media. This is possible by clearly indicating what the relationship is between the advertiser and the person spreading the message. »social-media
Pinterest is the newest sensation in social media. The website was launched in 2010. Ever since launching the app the number of users has grown explosively, from 10.000 to 11 million. The site acts like a giant notice board. The user can pin pictures on a board and place them in a collection (moodboard). This way users can share their photos and favorite items. Users can use the moodboards to decorate the house, plan a wedding etc. On the website multiple moodboards may be found: fashion, religion, entertainment, but also company information may be found, however, mostly visual. By repining images of products can be spread quickly. »social-media
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?