The number of Facebook users was estimated at 2.3 billion early 2019. This makes the medium an ideal platform for advertisers. Facebook therefore makes high turnover, last year the advertising revenues alone were estimated at around 45 billiondollars. It is no surprise that Facebook is also used by individuals with less honorable intentions.Since 2018, advertisements to invest in Bitcoins are very commonly seen on Facebook. In addition, Dutch media tycoon John de Mol is depicted as a successful Bitcoin investor, however these adds are a scam and lead to fraudulent websites. »social-media
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
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?