Meet Adelind Van Driessche

Trademark protection is invaluable within corporate intellectual property protection. First, there is a strong patrimonial value associated with trademark protection. Second, a trademark is the consumer’s point of reference within a vast and rapidly growing innovative and competitive world. A trademark offers recognizability and creates trust. It ensures that a consumer knowingly chooses a...

The advertising of tobacco and tobacco products has been prohibited in Belgium (Benelux?), at least with a few exceptions since 1999 and since 2021 altogether. Nonetheless, smoker or not, the public is quite familiar with the Marlboro brand which includes the “red rooftop” that is omnipresent on its packaging. And since the Marlboro-marks have a reputation, third parties should think twice before applying these on a product, whether these are cigarettes or something different entirely. Indeed, a reputed trademark grants protection for identical and similar goods or services, but also for dissimilar goods or services. Provided that the signs are identical or similar, the earlier mark enjoys a reputation, and the use of the trademark applied for takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the reputed mark without due cause. In this case, the owner of such a trademark can take actions, as shown...

In 2021, Collins dictionary chose NFT (Non-Fungible Token) as the “word of the year”. While you might have heard about the person who paid $69 million for a video by Beeple, or Mr. Jack Dorsey (the founder of Twitter), who sold the first tweet for just under $3 million through NFT’s, most business and...