Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 20 DECEMBER 2012
Market surveys in the Netherlands: an appraisal
From MARQUES member Gregor Vos (Klos Morel Vos & Schaap. Amsterdam) comes "The rise of market surveys in trade mark cases", an English translation of an article which he wrote together with his colleague Tim Iserief on the use of market surveys in trade mark proceedings in the Netherlands. This article was first published earlier this autumn in the BMM Bulletin, the legal journal of the Benelux Association in Trade Marks and Designs.
"Market surveys in intellectual property cases are a continuing source of fascination. Articles have been published about such surveys with regularity for decades, and they feature increasingly often in case law. The reason for this high level of interest is obvious. In an area of law such as intellectual property in which, even more so than in many other legal areas, strictly factual situations can – or even must – be explained by reference to abstract normative concepts, the need for, but also the fear of, empirical evidence is great. The need arises where one wants to be able to demonstrate factually that there is distinctive character, brand recognition or infringement. The fear arises where legal interpretation could be set aside by irrefutable measurements. A topic in which need and fear are so equally embedded is naturally compelling. The question is whether the time-honoured fascination has now borne fruit. Has the market survey acquired an established position as evidence in intellectual property cases or is it ultimately the case that little has changed?"
Posted by: Blog Administrator @ 09.05
Market surveys, Netherlands,
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