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News about trademarks

Trademarks, whether they are strong, beautiful or special, play an important role in our daily lives. All brands have their own story, their own context within which they develop. Investing in the value of a trademark is an important part of a business’s strategy since the value of a trademark or trademarks to a great extent determines the profitability of the organisation and thus its value. With practical situations as a focus, this section sets out all relevant and interesting developments in the field of trademark law.

007 versus Section 6

15-04-2014

NBC Universal Media accused of copyright infringement by legendary movie studio Metro-Goldwyn-Mayer and Danjaq, the holding company responsible for the copyright and trademarks in the James Bond film franchise. Case centres around the launch of a new film project, known as ‘Section 6’.

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Cosmetics industry is looking good

10-04-2014

Cosmetic brand value is soaring according to the latest research by brand valuation consultancy Brand Finance. But, who has made the company’s shortlist of the top 50 beauty brands?

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No bad faith in UDRP-procedure due to death respondent

01-04-2014

The World Intellectual Property Organization’s (WIPO) Uniform Domain Name Dispute Resolution Policy (UDRP) is an arbitration procedure to provide an efficient remedy against abusive registration of domain names that violate trademark rights (bad faith). In a recent case, WIPO decided that the fact that the respondent had not responded to summons did not constitute bad faith - he could simply..

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UK IPO launches anti-piracy app

01-04-2014

Music Inc. app is a joint initiative between the UK’s Intellectual Property Office and music industry representative group, UK Music. It contains a game designed to raise awareness among (young) people of the effects of piracy on the creative industries, while also encouraging them to take up careers in music. Caution: this article contains spoilers!

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Big Hurt for Reebok

31-03-2014

White Sox slugger Frank Thomas is due to be inducted into the Baseball Hall of Fame this year, but he might be headed to court first. Thomas is at odds with sneaker company Reebok over a pair of shoes he endorsed back in the 1990s that Reebok has recently re-released. Novagraaf’s Theo Visser outlines the dispute.

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Duracell Energy Drinks prohibited

28-03-2014

An Iranian company came up with the idea of Duracell Energy Drinks. The hyperactive rabbits that Duracell frequently uses to show their level of endurance and energy seems a perfect fit for this line of goods. Also, the shape of regular batteries enables an easy copy-paste mentality in regard to the design of the cans for this drink. However, if and when you do so, check with the proprietor of..

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Google Adwords and pharma ads in Germany

18-03-2014

In the German Advertising in the Health Care System Act, is it stated that advertisements for pharmaceutical products outside professional circles must contain certain mandatory information in the form of a warning. Until recently, it was not quite clear as to how this particular rule relates to Google Adword advertisements; if the mandatory information needs to be placed in the ad, this would..

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IP Translator: the ‘forbidden’ terms

17-03-2014

In the IP Translator judgment (case C-307/10), the Court of Justice of the EU states that the description of goods or services for which a trademark is applied, should be ‘clear and precise’ and that an applicant ‘must identify for which goods or services protection is sought’. However, the Court of Justice did not make clear what these terms would have to entail exactly. That has now..

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A kornspitz and two croissants please…

17-03-2014

In general it’s a good achievement for any trademark holder to have their trademark be the name people will think of, when looking for a certain product. Recently the proprietor of the Kornspitz-trademark was confronted with the dangerous flipside to this popularity, when competitor Pfahnl filed an application for revocation of the trademark based on the claim that ‘Kornspitz’ has become a..

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Watch out for a counterfeit Rolex

04-03-2014

Rolex should be able to stop counterfeit watches entering the European Community, where they’re considered infringing the Intellectual Property Rights of Rolex. This seemingly logical right was nevertheless subject of a discussion that led all the way up to the European Court of Justice (ECJ), who had to clarify when the holder of Intellectual Property Rights is able to take (legal) action..

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