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Trademarks mainly take the form of words and visual logos, sometimes in combination. But shapes can also be a trademark. Take the classic Coca Cola bottle or the shape of a Toblerone bar.
Companies using stripes on their vehicles must take the Dutch State into account. The State safeguards its copyrights and logo rights for the ‘striping’ used on its vehicles. The fact that the State has not always been successful in defending its stripes was demonstrated in the case launched by the State against the firm Darkness Reigns Holding.
Parodies form an exception to copyright. Copyright holders are not usually happy when their drawing, painting, sculpture or other work protected by copyright is used as an object of fun. However, it is often very difficult to do anything about it. The estate of Willy Vandersteen, creator of Suske en Wiske comics, objected when they were shown a calendar featuring a cover with an adaptation of the cover of a Suske en Wiske comic book.
In 2012, the international domain name organisation ICANN started registering domain names which can consist of word marks, trade names, geographic names or general terms, i.e. “general Top Level Domains” (gTLDs). This became an operation with an uncertain outcome. How would registered trademarks be handled? Would there be a proliferation of domain names with stolen trademarks?
In a conflict between the companies Red Bull and Lamborghini, the use of a trademark consisting of one or more bulls, was up for discussion.
The damages that a liable director is required to pay from his private capital can mount up. Especially where violation of IP rights is concerned, the consequences can be serious, because in addition to being asked to pay damages, the directory may also be instructed to pay legal costs.
The introduction of the Unified patent Court (UPC) is progressing steadily. One of the tasks of the Preparatory Committee, assisted by a group of judges and lawyers with extensive experience in the field of patent law, is the establishment of procedural law of the UPC, referred to as the Rules of Procedure.
Oral proceedings in the consolidated proceedings of G2/13 (Broccoli) and G2/12 (Tomato)
As of November 1, 2014, amended Rule 164 EPC will take effect at the European Patent Office. This amendment makes the procedure for European applications based on international PCT applications (so-called Euro-PCT applications) more flexible.
The Preparatory Committee of the Unified Patent Court has put a prototype electronic filing system online.
NLO publishes Fortify magazine 2 times a year. Each quarter NLO Shieldmark publishes the Kenmerkend newsletter.
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NLO Shieldmark publishes the Kenmerkend 4 times a year. This newsletter is published in Dutch and contains topical articles on trademarks and designs.
Clients receive NLO's magazine Fortify by mail, which will appear 2 times a year. You can view the magazine in PDF.
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