Case law, National law, The Netherlands

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That is the question that was recently answered by the Board of Appeal of the Dutch Advertising Code Authority. The TM symbol stands for “trademark” and is traditionally used for unregistered trademarks in various jurisdictions such as the US. Conversely, the ® symbol is used to indicate a trademark has been registered. However, in the…

Case law, Infringement, The Netherlands

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On 15 July 2016 the PI judge in the District Court in The Hague, the Netherlands, rendered a decision in a banana case between competitors Chiquita and Fyffes International about a recently introduced new brand of Chiquita. The decision confirmed that descriptive elements cannot automatically be disregarded if these elements form a conceptual whole with…