Netherlands, AKD updates

Intellectual Property

Contributed by AKD
Amsterdam Court of Appeal overturns Max Verstappen's victory
  • Netherlands
  • 07 December 2020

The Amsterdam Court of Appeal recently overturned the victory obtained by Formula 1 driver Max Verstappen before the Amsterdam District Court in a dispute concerning his portrait rights. The matter in question concerned the use of a Verstappen lookalike in a video ad. The appeal court's decision appears to have opened up the possibility of using lookalikes for parody purposes – even in ads. Nonetheless, parties should tread carefully, as much depends on the circumstances of the case.

Use of customs information in relation to parallel imports
  • Netherlands
  • 06 July 2020

The Hague District Court recently had to answer the question of whether information acquired during a customs seizure under the EU Anti-piracy Regulation may be used for an unauthorised parallel import claim. The regulation provides an effective means and procedure for IP rights holders to request Customs to intercept consignments suspected of containing counterfeit or pirated goods and to have said goods destroyed.

Dutch court of appeal diverges from German appellate court in G-Star case
  • Netherlands
  • 20 April 2020

In 2019 The Hague Court of Appeal overruled a first-instance court decision even though that court had followed an earlier German higher court decision based on the principle of loyalty under EU law. The Dutch judgment demonstrates that trademark law specifics can easily stand in the way of the EU principle of loyalty. It is also a useful reminder that, in the context of trademark infringement assessments, a trademark's level of distinctiveness is a substantial aspect, but one which can change due to evolving market circumstances.

Injunction against foreign director for IP infringement based on Dutch law on directors' liability
  • Netherlands
  • 09 March 2020

In preliminary proceedings, The Hague District Court recently assessed whether an injunction could be granted against an Irish director of a company based in Ireland in relation to a copyright infringement in the Netherlands. This judgment is a useful reminder that company directors who are not domiciled in the Netherlands can be liable under Dutch law on directors' liability when offering infringing products in the Netherlands.

Competence of district courts in summary proceedings relating to EU community designs
  • Netherlands
  • 13 January 2020

The 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.


Litigation

Contributed by AKD
A year of insights: new regime for collective redress one year in action
  • Netherlands
  • 16 March 2021

In 2020 the Act on Redress of Mass Damages in Collective Action (WAMCA) entered into force. The WAMCA builds on the well-established Dutch collective redress mechanisms that have been in effect since 1994. This article discusses the numerous developments in various ongoing WAMCA proceedings, whether the WAMCA has (already) delivered on its promise to be the next step in the progressive class action climate of the Netherlands and the opportunities and challenges that could be expected.

Theft of luxury watches from storage raises questions over carrier liability
  • Netherlands
  • 19 January 2021

An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.

How to catch evidence in Dutch civil procedures without fishing expeditions
  • Netherlands
  • 12 January 2021

In the Netherlands the general discovery trial is an unknown phenomenon. However, certain documents may be obtained pursuant to Article 843a of the Code of Civil Procedure. If all of the relevant requirements are met and no restrictive grounds apply, the court will allow the claim for disclosure of a copy, extract or inspection of the requested documents. This article outlines how this procedure works.

Amsterdam Court of Appeal overturns Max Verstappen's victory
  • Netherlands
  • 08 December 2020

The Amsterdam Court of Appeal recently overturned the victory obtained by Formula 1 driver Max Verstappen before the Amsterdam District Court in a dispute concerning his portrait rights. The matter in question concerned the use of a Verstappen lookalike in a video ad. The appeal court's decision appears to have opened up the possibility of using lookalikes for parody purposes – even in ads. Nonetheless, parties should tread carefully, as much depends on the circumstances of the case.

Validity of NCC and NCCA clauses
  • Netherlands
  • 03 November 2020

Since 2019 it has been possible to bring international, civil and commercial disputes before the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA). All litigation is conducted in English, which is a huge plus for foreign parties. The NCC will take on a case if certain conditions are met. A recent NCC ruling has provided more clarity on the condition that parties must expressly agree in writing to litigate in English before the NCC or the NCCA.


Shipping & Transport

Contributed by AKD
Theft of luxury watches from storage raises questions over carrier liability
  • Netherlands
  • 13 January 2021

An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.

Court rejects preliminary attempt to enforce dockers' clause
  • Netherlands
  • 23 September 2020

The effort to make lashing a cargo-handling activity rather than a crew activity is set out in the so-called 'dockers' clause', contained in collective agreements covering some 15,000 seagoing vessels worldwide. A recent decision by the Rotterdam Court rejected the claimants' request to immediately prohibit lashing by seafarers in advance of the results of main proceedings. The court also raised the possibility that the clause could prove to be against the principles of reasonableness and fairness, as well as anti-competitive.

London arbitral award not enforced in Netherlands
  • Netherlands
  • 09 September 2020

Charterparties commonly contain an arbitration clause. One of the perceived advantages of arbitration over litigation is worldwide recognition and enforceability of arbitral awards on the basis of the New York Convention. However, a recent ruling by the Supreme Court should serve as a warning to those considering inserting an arbitration clause in their contracts with a view to seeking subsequent enforcement in the Netherlands.

Appeal court finds that carrier had strengthened obligation to furnish facts in CMR claim
  • Netherlands
  • 15 July 2020

The Netherlands has historically been a friendly jurisdiction for Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers. However, there are some exceptions. In certain circumstances, a claimant may be able to rely on a carrier's 'strengthened obligation to furnish facts'. The Den Bosch Appeal Court recently held that a CMR carrier had such a strengthened obligation in order to enable the claimant to meet its burden of proof regarding (the fault equivalent of) wilful misconduct.

Court rules that 'fear of loss' does not constitute damage under CMR
  • Netherlands
  • 08 July 2020

Under the Convention on the Contract for the International Carriage of Goods by Road (CMR), carriers are liable for the total or partial loss of goods or damage to goods that occurs between the carrier taking charge of the goods and delivery. The Court of Amsterdam recently held that the word 'damage' in the relevant sections of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that a broken seal on a container represented damage.


Current search

Refine search

Work area