Social media - Pinterest

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.

Pinterest has its own regulations with regards to copyright and trademark infringements. Complaints may be filed against moodboards and images which are misleading or form an infringement on copyright or trademark rights. However, Pinterest determines whether or not there is an actual infringement or not (as is usual with social media). Transfer or sale of a Pinterest account is not possible, only when Pinterest acts as an intermediate. Since an ounce of prevention is worth a pound of cure, e kindly advise you to register your Pinterest account timely, for e-commerce reasons, as well for prevention of trademark conflicts.

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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?