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
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
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
In 2011 Italian restaurant Eataly opens its doors in Tilburg. According to the tradename register there are several other restaurants in the Netherlands with this name. Since the activities of an Italian restaurant are very locally bound the tradename rights are geographically very limited. Eataly does not expect to run into any problems. »tradenames
Catering Companies often find it unnecessary to perform a search for their trade name prior to starting their company. This is unwise, because clever catering companies register their name to create a monopoly on the use of it. The Ivy Bar in London is a famous bar where celebrities came, from Marlene Dietrich to Tom Cruise. »tradenames
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?