2018-06-12 | EUR 150,000 for breach of Max’s portrait right – expensive joke or not?

On 6 September 2017, the District Court of Amsterdam had already held that Picnic using a Max Verstappen lookalike in an amusing freeriding clip just couldn’t pass go. The court offered Max the chance to substantiate his losses, which Picnic would have to pay. On 25 April 2018, the District Court of Amsterdam presented the […] Read more

2018-06-11 | NEWS 2018-02

Our latest NEWS has just been published! An easy-to-read overview of developments in advertising law, intellectual property and food law in the Netherlands and Europe. This time the NEWS is about: •  Proud! Our food law practice at no. 1 in Legal 500 read •  Cosmetics ad for Biodermal 60+ cream read •  The battle of the toothbrushes, between […] Read more

2018-06-11 | The battle of the toothbrushes, between P&G and Philips

In April 2018, the District Court of Rotterdam ruled on the toothbrush skirmish between Philips and P&G. P&G compared its Oral-B electric toothbrush with Philips’ DiamondClean toothbrush in its advertising campaign. You’ve guessed it: Oral-B sparkles, it’s “the best” and it “cleans better”. The Philips model is shown in black, literally put in the shade. […] Read more

2018-06-07 | Intolerance versus the power of repetition

A rather saddening trend: recently the Advertising Code Committee (ACC) has received quite a number of complaints about advertising in which expression is given to homosexuality. Suitsupply’s out-of-home-campaign, in which kissing men are shown (oh my…), received a considerable amount of negative attention. Complaints with the ACC flooded in. A representative complaint was assessed. (“The […] Read more

2018-06-06 | “Responsible” needs an explanation

The inflation of the expression “responsible” has to be prevented, according to the Advertising Code Commission (Reclame Code Commissie, “ACC”). It’s a broad, catch-all term. In today’s society, consumers are consistently opting for a responsible product, to do their bit. The mere reference in an advert to a quality mark for animal welfare, the environment, health or […] Read more

2018-06-01 | The best TV: mere puffery or objective claim?

“The most beautiful”, “the best tasting”, “the best there is”. These are all common claims in advertising. It is often fine to promote products by using superlatives. The consumer often understands them as mere puffery and does not take them literally. However, sometimes superlatives are understood as objective claims and do require hard evidence. But […] Read more

2018-04-19 | Spring is in the air, and so are we in 2018 – Legal 500, Chambers and WTR 1000

Spring is in the air. The birds start chirping, mother nature flourishes and the new law firm rankings are published. Chambers, Legal 500 and WTR1000 researched the market and concluded their findings in the spring rankings. Only the best make it into these lists and we are proud to be named several times this year. […] Read more