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
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
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?