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DOC/Dairy Partners - purely descriptive trade names

DOC/Dairy Partners - purely descriptive trade names

For some years now (following recent case law of the Dutch Supreme Court) there has been discussion about the extent of the protection of purely descriptive trade names. Can a company with a descriptive trade name claim exclusivity to this name and subsequently prohibit other companies from using a similar word in their trade name? » tradenames
Limited protection of a company name

Limited protection of a company name

Many companies seem to think that listing the company’s name in the commercial register at the Chamber of Commerce or having the internet domain provides sufficient protection against third parties from acting under a similar name. Unfortunately quite often that is not the case. A trademark registration on the other hand gives a better chance of claiming the company’s name exclusively. » tradenames
Fundr: limited claim trade name right

Fundr: limited claim trade name right

Many companies assume that the use of a trading name or a domain name is sufficient to make a broad claim on the exclusive right to that name. These assumptions can prove painfully wrong. Since 2016, a company named Funding Innovation (later “Funder Inc.”) has been using the name FUNDR as a trade name and domain name. The company provides consulting services in the field of corporate funding and government grants. » tradenames
Royal Dutch and the Royal predicate

Royal Dutch and the Royal predicate

There are strict rules regarding the use of the terms ‘Royal’ or ‘purveyor to the Royal household’. These are titles, granted by the King to companies with a prominent position in the Netherlands. Further conditions are that a company must be at least a hundred years old, have no less than a hundred employees and have a formidable reputation. The grant by the King is a favour, not an enforceable right. Companies that use these titles, without the King’s permission, give the impression that all conditions are successfully met. In order to prevent any abuse (and to protect the intellectual property rights of the Royal House), our former Queen Beatrix established a foundation. » tradenames
The Butcher stops The Butcher Club

The Butcher stops The Butcher Club

In 2012 The Butcher opens her doors in Amsterdam. A new culinary concept based on high standard hamburgers, which are prepared with fresh ingredients. The hamburger meat is on display so the consumer can actually see what they are about to eat. In order to protect its rights the company registered its name as a trademark. This is clever because trademarks give a larger scope of protection than mere tradenames. A trademark registration would enable the owner to stop other companies from using the name in cities far beyond Amsterdam. » tradenames
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Abcors ABChronicle no 43 Abcors ABChronicle no 43
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PURE - MENTOS

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?
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