Huib Berendschot
Updates
Intellectual Property
Supreme Court addresses confusion between descriptive, non-distinctive trade names
Netherlands | 05 April 2021Under the Trade Names Act, descriptive trade names can enjoy protection against the use of identical or similar trade names if such use is likely to confuse the public. However, case law suggested that this would be the case only where additional circumstances resulted in unlawfulness. A recent Supreme Court decision resolves the discrepancy between the legal framework and the case law.
Competence of district courts in summary proceedings relating to EU community designs
Netherlands | 13 January 2020The Supreme Court recently requested a preliminary ruling from the European Court of Justice (ECJ) concerning the competence of district courts in summary proceedings relating to EU community designs. An immediate consequence of the ECJ's decision is that district courts other than the one in The Hague will be unable to provide provisional measures in cases relating to EU trademarks.
adidas knocked out in trademark infringement case: McGregor IP maintains right to use Conor McGregor's name
Netherlands | 26 November 2018The Hague District Court recently rendered an interim judgment in a matter between Dutch limited liability company McGregor IP BV and adidas. The key question in this case was whether adidas – in using the name of a sports hero on items such as hoodies, shorts and jerseys – had infringed McGregor IP's trademark rights. Notably, the outcome of this matter could have been different had the design and display of the signs at issue been different.
Supreme Court rules on use and functions of trademark
Netherlands | 12 February 2018The Supreme Court has upheld an opposition against the refilling of a gas tank bearing the trademark PRIMAGAZ with gas from a third party. The Supreme Court held that where a party uses another's branded packaging for its own goods, it is the same as using the other party's trademark. Finding that the act of filling the tank constituted use of the mark in the course of trade, the court held that the third party had used the PRIMAGAZ mark for commercial gain.
Fictive ownership of copyright: rights of use under Copyright Contracts Act
Netherlands | 27 February 2017The Rotterdam District Court recently rendered its judgment in a matter between two parties that had jointly run a food truck. After having gone their separate ways, the food truck owner continued to operate the business. When the other party continued to use the business's name and logo, the food truck owner demanded that it cease to do so and commenced proceedings to that effect. This seemingly small case is noteworthy, as it demonstrates the consequences of copyright mismanagement.
Hyperlinks and copyright: courts seek ECJ guidance
Netherlands | 16 November 2015The relationship between hyperlinking and copyright has been the subject of various court judgments. The outcome of such cases depends on the accessibility of the content, whether the content was uploaded lawfully, whether the link qualifies as a communication to the public and whether the rights holder's permission was obtained. Dutch courts recently made two new references to the European Court of Justice on this issue.
Amsterdam District Court denies authority for seizure of Community trademark
Netherlands | 08 June 2015The Amsterdam District Court recently decided that it was not authorised to grant permission to seize trademarks registered as a Community trademark before the Office for Harmonisation in the Internal Market (OHIM). The court argued that, as OHIM has its seat in Alicante, Spain (ie, outside the Netherlands), the trademarks were outside the court's remit and it therefore had no authority to grant permission for seizure.
Litigation
Supreme Court addresses confusion between descriptive, non-distinctive trade names
Netherlands | 06 April 2021Under the Trade Names Act, descriptive trade names can enjoy protection against the use of identical or similar trade names if such use is likely to confuse the public. However, case law suggested that this would be the case only where additional circumstances resulted in unlawfulness. A recent Supreme Court decision resolves the discrepancy between the legal framework and the case law.
Competence of district courts in summary proceedings relating to EU Community designs
Netherlands | 18 February 2020The Supreme Court recently requested a preliminary ruling from the European Court of Justice (ECJ) concerning the competence of district courts in summary proceedings relating to EU Community designs. An immediate consequence of the ECJ's decision is that district courts other than the one in The Hague will be unable to provide provisional measures in cases relating to EU trademarks.
adidas knocked out in trademark infringement case: McGregor IP maintains right to use Conor McGregor's name
Netherlands | 27 November 2018The Hague District Court recently rendered an interim judgment in a matter between Dutch limited liability company McGregor IP BV and adidas. The key question in this case was whether adidas – in using the name of a sports hero on items such as hoodies, shorts and jerseys – had infringed McGregor IP's trademark rights. Notably, the outcome of this matter could have been different had the design and display of the signs at issue been different.
Court rules on fictive ownership of copyright
Netherlands | 28 February 2017The Rotterdam District Court recently rendered its judgment in a matter between two parties that had jointly run a food truck. After having gone their separate ways, the food truck owner continued to operate the business. When the other party continued to use the business's name and logo, the food truck owner demanded that it cease to do so and commenced proceedings to that effect.
Hyperlinks and copyright: courts seek ECJ guidance
Netherlands | 17 November 2015The relationship between hyperlinking and copyright has been the subject of various court judgments. The outcome of such cases depends on the accessibility of the content, whether the content was uploaded lawfully, whether the link qualifies as a communication to the public and whether the rights holder's permission was obtained. Dutch courts recently made two new references to the European Court of Justice on this issue.
Amsterdam District Court denies authority for seizure of Community trademark
Netherlands | 09 June 2015The Amsterdam District Court recently decided that it was not authorised to grant permission to seize trademarks registered as a Community trademark before the Office for Harmonisation in the Internal Market (OHIM). The court argued that, as OHIM has its seat in Alicante, Spain (ie, outside the Netherlands), the trademarks were outside the court's remit and it therefore had no authority to grant permission for seizure.
