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markmatters
Light, essential and fun trademark news from Knijff
Dec
2
2016

Goldfinger

goldfinger

Kylie Jenner is facing a legal battle over her wildly popular makeup line. The reality television star, and half-sister of socialite Kim Kardashian, has been accused of misappropriating the imagery of Vlada Haggerty, a Los Angeles-based makeup artist. Haggerty claims to have a copyright on a photo that depicts metallic liquid dripping off of a pair […]

Dec
1
2016

The Panini football player

voetballer

Genuine use of a trade mark exists where the mark is used in accordance with its essential function. This function is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. In order to provide […]

Nov
30
2016

Bad boys

bad boys

The creators of the musical Jersey Boys have been found guilty of copyright infringement. A US court ruled that part of the show’s book had been copied. The musical, which tells the story of Frankie Valli and the Four Seasons, has been running in the West End since 2008 and on Broadway since 2005. But only […]

Nov
29
2016

We could use use

We could use use

One of the major limitations of a trademark is the use requirement. An owner of a trademark must put its trademark in use 3 or 5 years after registration. Often, this is a weak spot of a trademark, sometimes an Achilles heel. Collecting evidence of use is rather a heavy burden and sometimes quite difficult. […]

Nov
28
2016

I would stream 4 U

I would stream 4 u

The Prince Estate, has run into a fight with music streaming service Tidal. Tidal, owned by Beyonce’s husband and rapper Jay-Z, launched nearly two years ago, claiming exclusive releases and artist-friendlyness. Tidal would be a shining example of how a streaming music platform could be built that would be successful while being fair to the […]

Nov
25
2016

Finger food

Finger food

Nestle has lost an appeal in a trademark case over the shape of the Kit Kat bar. The whole case, before a court in Singapore, revolved around the question: “Are the two-finger and four-finger shapes of Kit Kat chocolate bars entitled to trademark protection (in Singapore) and can it be used to effectively stop others from marketing […]

Nov
24
2016

Scoring with defense

Scoring with defense

Football players Neymar, Ronaldo and Messi are world famous and are admired nowadays like they were pop stars. Sport stars seem to have their own logo, Ronaldo and Messi do (see below) and Neymar does too. As a star you want to protect your name and logo. Against abuse but also as a basis for […]

Nov
23
2016

Off balance (2)

off balance (2)

New Balance has a problem. It appears the company is becoming the “Lonsdale” of the shoe world, now that a neo-Nazi blogger has stated that the sneakers should become part of the official uniform of white racists. It started with a statement on an extreme right-wing US website: “New Balance is making a gesture to support […]

Nov
22
2016

Dislike your lookalike

chuck-taylor-all-star-logo

You have the well-known trademarks with a iconic logo, distinctive colours or something other remarkable. And you have the marks who want to take advantage with a logo, colours or other elements that are not the same but similar, of course keeping a clever distance. Such trademarks are harmful for the well-known trademarks as they […]

Nov
21
2016

Walking in Louvain

Walking in Louvain

Walking through the beautiful city of Louvain (Belgium) last week for the annual BMM (The Benelux Association of Trademark and Design Law) meeting, us trademark attorneys cannot help but to see trademark infringements everywhere. Just there. In plain sights. Okay, you might think we are a be a bit crazy when it comes to trademarks. We call it: […]

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