FAQ

Trademark news

Facebook:worldwide removal of offensive content

In recent years, large social media platforms such as Facebook seem to be increasingly bound by rules. But to what extent can these large internationally powerful platforms be curbed? Eva Glaswischnig-Piesczek is an Austrian MP from the Green party. An article is posted on Facebook about minimum income support for asylum seekers, it is accompanied by her photo. Beneath the photo, the poster places several insulting comments using terms like: “traitor”, “corrupt bitch” and “fascist”. » social-media

Active role required from Facebook with regards to fake advertisements

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

Vlogging – free botox treatment - Dutch Social Media Code

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

Facebook posts Ab Fab commercial

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

Coca Cola Twitter #trademark registrations

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

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ABCHronicle

Abcors ABChronicle no 46

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IP Quiz

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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?

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