Category: Intellectual Property law in the Netherlands
A brand or trademark can be registered with the European Union’s Bureau for Intellectual Property (EUIPO). The brand-holder then enjoys protection in all member states of the EU in a single go. But the holder of a brand must indeed “maintain” his brand; otherwise his rights may lapse under certain circumstances. In recent summary proceedings, the judge had to assess whether the brand name for a type of hair extension product was indeed still valid. Trademark law attorney Hidde Reitsma explains the defendant’s claim of validity.
Read more about: Defence validity in the event of trademark infringement: how does that work?
Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws. Dutch lawyer for intellectual property law Manita Hamberg explains the most important changes and indicates what to look out for.
Read more about: New General Data Protection Regulation (AVG) in EU
We previously published a blog about an IP action involving the same issue as in this action, namely: is it unlawful to promote one’s company under the same brand name as another company via Google Adwords? The District Court of The Hague recently gave a judgement about this in a legal action. Dutch Intellectual Property lawyer Martijn Kesler explains.
Read more about: Unlawful trademark infringement via Google Adwords
Lingerie company Victoria’s Secret discovered that imitations of their products bearing their logo were being offered on the Dutch classified advertising site, Marktplaats.nl, by an advertiser calling itself ‘Victoria’s Secret Lady.’ Behind this name was a ‘welfare mother’ trying to earn some extra cash. Is this circumstance relevant to the case? Dutch Intellectual property rights lawyer Hidde Reitsma discusses the judgement in this trademark infringement case.
Read more about: Infringement Victoria’s Secret’s trademark rights via Marktplaats.nl
The success of a business depends (among others) on its reputation. Reputation damage can have very serious negative consequences and can sometimes even destroy a company. It is therefore not surprising that in recent preliminary relief proceedings the court rightfully reprimanded the responding party for his wrongful remarks about the claimant. Dutch media lawyer Thomas van Vugt summarizes this case.
Read more about: Reputation damage: rectification after wrongful messages
A trademark owner who wants to act against infringement of his trademark rights will normally ask the court to impose a prohibition against further trademark infringement. But there are various other claims that the trademark owner can use to enforce his rights. Dutch intellectual property lawyer Hidde Reitsma discusses the possibility of damage compensation for trademark infringement based on a classical case about counterfeit designer clothing.
Read more about: Damage compensation for claims for trademark infringement
There is a case of bad faith, for example, if another party officially registers the trademark that you use for your business, behind your back. Recently there was a court case about a similar issue at the Court of Preliminary Relief Proceedings in The Hague. Dutch Intellectual property lawyer Martijn Kesler explains.
Read more about: Registration trademark: in bad faith or rightful?
The right of a franchisee to use the trademark and logo(s) of the franchisor is a permanent component of a franchise agreement. If a franchise agreement is terminated, it is important that the former franchisee does not continue this use. Using the trademark name of another party without his permission is in principle unlawful. In recent preliminary relief proceedings a licensor acted against the unlawful continued use of his trademark name. Intellectual property lawyer Hidde Reitsma discusses the ruling.
Read more about: Usage trademark rights after termination of licensing unlawful?