Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.
Blogs
Collaborating with a trademark can be a risky business – Feyenoord withdraws
The New York Times described Rotterdam as a prime city for investment and for good reason. The city’s strategic location alongside the river Maas makes it highly accessible and it is clear for all to see that Rotterdam, renowned for its daring architecture and vibrant cultural initiatives, is a booming city.
Crocs, Inc. – you either hate them or you love them
Some people wear Crocs as a fashion statement in the city, while others wear them strictly in the privacy of their garden and hide them behind the door the minute they go back inside. The Crocs shoes below aren’t everyone’s thing. However, we are talking about Crocs here − aren’t we? Sufang Yan, a Slovakian company, registered the shoes shown above as a European design in 2022.
Sneaky Sneakers
Converse All Stars sneakers are iconic. Who doesn’t own or has owned a pair of these classics? It is safe to assume that the trademark rights of the sneakers are well protected. So surely no one would even consider trying to copy them – or would they?
Lebara succeeds in invalidating Benelux color marks of Deutsche Telekom AG (T-Mobile)
T-Mobile has always been upfront about protecting its color trademarks. One of its trademarks specifies one specific magenta shade. The company acted quite fiercely against attempts to infringe on its color mark in the past, not only in Benelux countries but also in other countries.
It’s a nice souvenir − but is it a trademark?
In many countries, summertime is time to get up and go to explore a fascinating foreign city or beautiful new landscape. Holidays are the perfect opportunity to discover other cultures and broaden our horizons. Many of us like to buy nice souvenirs to remind us of our holidays. Holiday souvenirs are a multi-billion dollar business: we are all familiar with fridge magnets, the endless array of tourist t-shirts and other popular knickknacks.
The Olympic Games in Paris
The world's largest sporting event in one of the most beautiful cities in the world: a golden combination. Stunning sports venues located in historic places and visitors from all over the world made the event a unique experience. At Knijff, we also attended The Games. Naturally, we couldn't resist viewing the city through the lens of trademark law.
A devilishly good beer
'They say that Duvel is named after the Devil, but drink and you will see God'. Duvel is a strong, blonde Belgian beer with a firm head and a fresh citrus flavour. It is brewed by Brouwerij Duvel Moortgat, a Belgian family brewery founded in 1871. Duvel has remained unchanged since 1923. The brewery has built a solid reputation and now exports its products to 72 countries.
The battle of the bastards
A Radler consisting of 50% beer and 50% cola may not sound particularly appetising, but apparently, there is a market for it. The catch name of BASTARD COLA probably helps. The German brewer of this product had registered the trademark in Germany, which was fortunate, because a Czech brewer recently applied for a European trademark for ‘Lucky Bastard - more than beer’, a beverage that is 100% beer.
The Design Force Awakens
Companies come up with original names, beautiful logos, and of course original, eye-catching designs to distinguish themselves. As the saying goes: if you want to attract attention, you will have to stand out from the crowd. Also, an attractive design will lead to more customers.
Marihuana in slang: an interesting trademark rejection
American slang for cannabis started to become popular in the 1950s. Mary Jane, phonetically similar to the Mexican term marijuana, became commonly used in US jazz and hippie circles, as illustrated in the Rick James song quoted above. The term has since become established as an informal name for cannabis.
And it was all yellow - FrieslandCampina successfully invokes yellow color trademark
The chocolate drink brand CHOCOMEL (in Belgium: Cécémel) is still largely popular in the Benelux countries. The CHOCOMEL products are available in the Benelux since 1932 and according to FrieslandCampina, the colour yellow (PMS 116U) has been consistently used on its products and in advertisements since.
Is Baklouce the new Crompouce®?
Last year, the Crompouce® croissant made headlines in the Netherlands. This cross between a tompouce (a sort of Dutch mille-feuille) and a croissant was such a hit with consumers that many bakeries expanded their range to include the pink delicacy. Media interest intensified when it appeared that Crompouce® is actually a registered trademark that no one else is allowed to use.
Build Your …
Anyone following the European Football Championship in Germany has undoubtedly noticed the various Chinese sponsors of the event, such as Alipay, Aliexpress, and Vico. The largest Chinese sponsor is BYD (Build Your Dreams), a manufacturer of electric cars and batteries, which is currently vying with Tesla for the top spot in electric vehicle sales. In addition to featuring BYD on numerous billboards and other advertising spaces, a television ad campaign is scheduled around the broadcasts of the championship.
How Ferrari protects its luxury image
Luxury brands rely upon exclusivity and a sense of superiority. Buyers of a luxury product invest not only in a product but also in the status and prestige associated with a particular brand. Obviously, image protection is of the utmost importance for luxury brands, prompting them to go to great lengths to defend their intellectual property rights. That is not all, however, as potential buyers must also comply with the brand’s rules of conduct.
UNHAPPY SMILEY
Did you know that the word SMILEY is a trademark, as well as the Smiley emoticon? These cheerful trademarks were registered by The Smiley Company, a company that issues licenses for the Smiley trademark for a wide range of products including shirts, shoes and food, illustrating that licensing can serve as a revenue model.
Me Tarzan! Me also trademark?
Practically everyone has heard of Tarzan, the fictional hero who was raised by apes in Africa. A British company, JT Agro applied to use ‘Tarzan’ as a trademark for medical aids and nutritional supplements. Edgar Rice Burroughs Inc., the company behind the writer of Tarzan, filed an opposition against this application. But, is Tarzan, a fictional character, a trademark?
Disney’s need for vigilance
You would expect that no one considers using the brand name Disney, as it is such a well-known brand all over the world. Who doesn’t know Disney? And who doesn’t know that Disney closely protects its trademark rights? In reality, Disney still has to be vigilant: there are parties out there who try to lay claim to a name similar to Disney.
Coinbase vs. Coinbase
Coinbase is an established name in the world of crypto, as it is one of the largest crypto exchanges in the United States. Logically, you would expect only one party to claim the right to this name, but two parties are currently using it. It’s hardly surprising that they have been at loggerheads in EU courts for quite some time.