A Dutch chain of petrol stations has been using a fictional character named “Tom de Ridder” in its radio commercials since 2009, in order to promote its payment card and parking services. In 2015, the company decides to change the name to TOM. To prevent problems, the company discusses the plans with TomTom (the well known car navigation brand). »trademarks
Ray-ban sunglasses are offered for sale on a closed Facebook group called 'Marketplace without rules' with the following text: "This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be found cheaper. More than 280 models in varying colours." A representative of Ray-Ban places a test order and unveils the person behind the Facebook page. When this person refuses to sign an undertaking agreement, parties meet again in court. »trademarks
Red Bull has a reputation of vigorously enforcing its trademark rights. Actions are taken against every new player in the market for energy drinks, using the word BULL or any other animal depicted in the logo. Sometimes the branding differs so much from the Red Bull trademark that it becomes questionable whether a consumer will confuse them. But as the Red Bull trademark has been such a well-known brand for years, it can often act successfully against “infringers”. »trademarks
It’s no secret that Lidl regularly has private labels that have striking similarity to those of well-known A-brands. Think of Zagerman sausages (vs Stegeman) and Duetti chocolate spread (vs. Duo Penotti). Only rarely do these teasers actually make it to court. However, this spring the judge had to rule on a new trademark for beer. »trademarks
In 2011 and 2012, Neymar was named best football player in South America. Ever since that moment, NEYMAR trademarks were registered all over the world taking advantage of his success. Not only in Brazil, but also in the EU, Turkey and Morocco trademarks were filed for all kinds of products like clothing, food and drinks. Mostly without the consent of the football player. »trademarks
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?