Warning against counterfeit

February 17, 2009 4:25 AM

In January 2009, VanEps Kunneman VanDoorne published an advertisement in several local newspapers announcing, on behalf of American Eagle Outfitters (‘AEO’) that anyone selling, offering for sale, stocking, or otherwise handling counterfeit products bearing any trademarks from AEO may risk legal action.

AEO is one of many international companies being exclusively entitled to its trademarks in the Netherlands Antilles and the rest of the world, that is often confronted with abuse of their trademarks.

Several ads warning against infringement of other trademark owners rights have been placed in the past years, e.g. Dell, Timberland, Tag Heuer, K-swiss. The purpose of these ads is to warn the public (customers, retailers, distributors, etc.) against the possible infringement of IP rights, such as trademark rights or copyrights and the consequences thereof.

The warning advertisements are aimed against two different types of infringement which can be distinguished, i.e. counterfeit or so-called pirated products (copies) and look-alikes, both attempting to ‘free ride’ on the goodwill and reputation of well-known trademarks.

These ‘free riders’ could be summoned to appear in civil proceedings for, among others, damages. In addition, they may be held criminally liable (Article 350 of the Criminal Code). By way of these ads, infringers are informed of their is unlawful conduct and the risk of prosecution and/or legal measures.

(Source: VanEps Kunneman VanDoorne)

February, 2009