HEKS'NKAAS (Witches’ Cheese) is a herbal cream/cheese dip and has been a hit in the Netherlands for years. When production is shifted from one party to another, the former producer launches a similar product under the name DIP&SMEER (Dip&Spread). However, the producer of HEKS'NKAAS has trademarked their packaging, both with and without the brand name on it. That turned out to be a smart move, because it makes a claim on the look and feel of the product. A lawsuit is filed against the very similar packaging of the newcomer. »trademarks
Trademarks are sometimes used in works of art. Well-known examples of recent years are: Darfurnica by Nadia Plesner with the Louis Vuitton bag and Banksy’s Dismaland (Disney trademarks). Trademark owners often let this slide, in order to avoid negative publicity. However, can trademark holders entitled to demand a ban? And can the artist invoke freedom of expression? Is the use of a trademark in a work of art a valid reason to infringe the trademark holders’ rights? »trademarks
Bentley Clothing has been selling garments, such as T-shirts, sweatshirts and hats, in the UK since 1962. Their products sell at prices between £ 25 and £ 45. Bentley Motors, also from the UK, has been known as a car maker under the brand BENTLEY for almost 100 years (its entry level model starting at £ 135,000). In addition to cars, the company sells clothing with the stylized B logo (not using the wordmark Bentley). »trademarks
After a rather ominous period of silence, last January 24th the European Union and the UK placed the necessary signatures in order for England to formally leave the EU on January 31th. It is important to note that a transition period has been agreed upon which, which will last until the end of 2020. Until that date all existing EU rights will continue to apply in the UK. So for the moment nothing will change for holders of EU trademarks and designs. Also English representatives will remain authorized to act before the EUIPO and EU courts, at least until that date. »trademarks
When choosing a title for an online game it is wise to check whether this name can be used freely. 3D Realms, developers of Duke Nukem, learned this when it announced the name of its new game Ion Maiden. British heavy metal band Iron Maiden has registered its name (and logo) in many countries (including the US) to prevent coat-tail riding. »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?