×
310
Fashion Jobs
NIKE
Information Security Risk Analyst (Grc) – Cis
Permanent · Bengaluru
RJCUBE STAFFING SOLUTIONS
qa/qc- Garments (Jersey, Etc) For Garments Buying House, Noida
Permanent · Noida
ZEN TECHNO ENGINEERING PVT LTD.
Production Manager
Permanent · Pune
ADIDAS
Manager Buying & Planning Operations
Permanent · GURUGRAM
ADIDAS
Product Owner Data Foundations
Permanent · GURUGRAM
ADIDAS
Senior Product Owner
Permanent · GURUGRAM
ADIDAS
Product Owner
Permanent · GURUGRAM
CROCS
Associate Demand Planner
Permanent ·
CROCS
HR Manager
Permanent ·
BRIDGING TALENTS
Quality Control Manager ii Retail Fashion Brand ii Jaipur / Bangalore
Permanent · Bengaluru
ALLEGIS GROUP
Opening For Sales Manager - Chennai & Kolkata
Permanent · Chennai
IDFC FIRST BANK
Opening For Area Sales Manager - Corporate Salary Mumbai
Permanent · Mumbai
TAKSHAKA INTERIORS
Req. Production Manager/Executive -Wood Furniture
Permanent · Gurugram
TATA AUTOCOMP
Opening For Production Head at Chinchwad Plant
Permanent · Pune
SKYNET OUTSOURCING SERVICES
Production Manager Api Industries-Bharuch,Ankelshwar Location
Permanent · Bharuch
THE BANYAN HR CONSULTS
Regional Sales Manager For Women's Wear Garments CO For Delhi & Ncr
Permanent · National Capital Region
PEOPLE ALLIANCE WORKFORCE
Quality Manager / Quality Head - Garments Manufacturing Company
Permanent · National Capital Region
NIKE
Senior Technical Product Manager, ed&a – Tpmo
Permanent · Bengaluru
RANDSTAD
Area Sales Manager
Permanent · Gurugram
3F INDUSTRIES
Technologist/Production Manager For Our Amino Acid Plant
Permanent · Chennai
3F INDUSTRIES
Chemical Technologist/Production Manager For Our (Cbg) Plant
Permanent · Chennai
NEWGEN
Sales Manager (South India)
Permanent · Chennai
Published
Oct 31, 2014
Reading time
2 minutes
Share
Download
Download the article
Print
Click here to print
Text size
aA+ aA-

Counterfeits: brand parodies under scrutiny by professionals

Published
Oct 31, 2014

While the European Union is preparing to reform its trade mark protection measures, several professional bodies, including Euratex, have shared their concerns in an open letter addressed to the Commission.

The bodies thus point out a few incoherencies in the work documents. Notably in terms of comparative advertising, providing in one provision that the proprietor should be entitled to prohibit the use of a sign in comparative advertising in clearly-defined circumstances, while in another provision restricting this prohibition. The letter calls for making legislation on malicious parodies of brands. 

Chanel recently filed a suit against the brand What About Yves for a parody of its logo


"We don't understand why a comment or parody using the trade mark for the commercial benefit of the commentator should be acceptable," states the letter. "We believe that any use of a mark by a third party in the course of trade in a way which may be detrimental to the reputation of that mark can and should constitute infringement."

In many national laws, successive jurisprudences have established that the misappropriation of a brand is only legal in a specific scenario. For Community trade marks, it is law EC 207/2009 article 9-1-C that comes into play. It states that the use of any sign identical with, or similar to, the Community trade mark without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Community trade mark. And it is thus this point that the bodies would like to see reinforced, to hold those responsible accountable.

It remains to be seen if the Commission will follow the recommendations of the signatory professional bodies of this open letter. In addition to the Euratex manufacturers union, the letter is also signed by the European Brand Association, the Federation of the European Sporting Goods Industry (FESI), the International trademark Association, and Marques, the Association of European Trade Mark Owners.

Authors in this letter who are also asking Europe for a clear solution in the fight against counterfeit goods in transit through the EU. During the temporary suspension of the right to control goods in single transit (Nokia/Philips judgement), the European seizure of counterfeits dramatically dropped.

The authors also state that "for any initiative to reflect and respond to users’ needs, any common project must, by default, be of interest not only to the Union and the Member States but also to the users. If users see no value in going forward, projects should not be started."
 

Copyright © 2023 FashionNetwork.com All rights reserved.