GELLYBALL Europe BV, licensee of the brand and logo “Gellyball”, filed with EUIPO European Union Intellectual Property Office with Licensee numbers 018314830/018315974. And the applicant;
1. By confirming the pop-up and purchase of the Gellyball Starter Package, agreeing to the use of the brand and logo according to the conditions: a) Period: from purchase starter package from an approved Distributor or Master-Dealer to cancellation by the licensor as a result of infringements or abuse or cancellation by the applicant. b) Areas: regional – c) Media: applications: use on your own website + social media + posters + flyers + Google adwords + banners + billboards.
d) Restrictions: prohibited to the use or reservation of the domainname www.gellyball. + extension of any country. It is forbidden to use the Gellyball materials, name and logo for or together with competing Gellyball products.
2. Design changes: the applicant may not make any changes to the design without the permission of GELLYBALL Europe BV. The exception is the reasonably foreseeable changes that are necessary for the correct operation of applications mentioned in 1.c. The applicant must inform GEBV with every wish to amend the EVENT; no changes can be made to the logo without the permission of GEBV.
3. This EULA may be terminated prematurely, in whole or in part, by termination or dissolution by GEBV if the applicant: (a) does not or no longer uses the design; (b) if a natural person dies; (c) dissolved as a legal person; (d) loses control of the company (e.g. by transfer of company or transfer of majority shares); (e) negligent in one of the conditions of the EULA.
4. If the applicant is found to be negligent, GEBV will notify the applicant by registered letter by post and by electronic communication (e-mail). GEBV gives the time to undo the identified infringements on at least 7 days and max.15 calendar days. In the event of non-compliance with the rectification by
the applicant, it agrees with the general terms and conditions of GEBV and the EULA.
5. The general terms and conditions of GEBV apply to these, provided that they have not deviated from this in the agreement. In the event of a conflict of conditions, the terms as described in the agreement are binding. The applicant shall receive a version of the conditions by electronic mail. The applicant hereby declares to be aware and to agree to these terms and conditions as described in the addendum. The general terms and conditions are also an addendum in this EULA.
it is considered an infringement of trademark law as 1. a logo or name is used for the same or similar goods or services (Identity infringement) 2. a corresponding logo or name is used for the same or similar goods or services (infringement of origin) 3. unjustified advantage or damage to the reputation of a trademark (goodwill infringement) 4. a logo other than used for distinction
Intrusion of trademark law can have the following consequences:
1. damages per day and per infringement. 2. Costs of theconviction. 3. reimbursement of the licensor’s legal costs.
By ordering from an approved distributor or master dealer and paying for the starter package, the applicant declares to agree to all general terms and conditions of GEBV and the EULA.