2017-09-27 | Twisting the flavour falls flat?

There’s been a dispute about fries – French fries to be precise. J.R. Simplot Company holds a design registration for various twisted shapes (sketch below left). McCain Foods was about to start selling ‘Rustic Twist’ potatoes, which are not much different to look at (right). Design infringement or not? Simplot issued proceedings against McCain in a […] Read more

2017-02-08 | Dasty makes short shrift of Dasti with ex parte order

Italian manufacturer of cleaning products Dasty sells degreaser Dasty through retail chain Wibra. In the Netherlands, Dasty discovered imitations that were virtually indistinguishable from its own products: Dasti. Investigations showed that the counterfeit products originated from Dasty’s former distributor, producer and licensee in Turkey. After the distribution relationship was terminated, they continued production on their […] Read more

2016-12-05 | WTR Daily: ECJ decision on hyperlinks to illegal content after image leak

In GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc and Britt Geertruida Dekker (C-160/15, September 8, 2016) the European Court of Justice (ECJ) has decided on whether posting a hyperlink to illegal content constitutes a “communication to the public” within the meaning of Article 3(1) of Directive 2001/29.  The great fun of […] Read more

2016-10-04 | Wifi-provider liable for illegal up- and downloads on a public wifi-network?

Tobias McFadden runs a business in lighting and sound systems. As an extra service McFadden offers a wifi-network free of charge and without password protection. Sony Music discovered that someone used this wifi-connection to upload a musical work without their permission and sends a letter. Mc Fadden assures that he did not upload this musical work, […] Read more

2016-09-12 | Minced meat of the MEXICANO shape mark

Snack manufacturer De Vries has marketed the snack MEXICANO since 1984 (right). Both the name and the shape are registered as a Benelux mark for snacks. Private label supplier Bakx makes and sells a similar snack in the Benelux, the Brasero (see below left). Bakx also supplies its snack to a French supermarket chain where […] Read more

2016-09-09 | GS Media/Sanoma: about linking to illegal content, CJEU C 160/15

The great fun of the Internet is that it is so easy to link to another website. Any restriction of that fun may violate fundamental rights such as the freedom of expression and information. Yet can one place a hyperlink to a website that contains copyright protected content – a film, a photo, a text? […] Read more

2016-06-13 | Musical chairs: pan-European injunction on copyright

PMP has produced the two-button wingback chair, Janis (shown on the left), since 2013. Competitor Easysofa brought a strikingly similar wingback chair onto the market: the Beto, in various models with one, two, or four buttons. PMP requested a preliminary injunction on the basis of copyright and unregistered Community Design Law. However, according to Easysofa, […] Read more

2016-06-08 | Well, well, copyright for a slogan.

According to the preliminary relief judge in the Hague, Bavaria’s slogan from 1985, “Well, first a Bavaria” is copyright protected and puts “Well, first off to the cloud” by Your Hosting in violation of that copyright. A developed invention of thought – like a slogan – is rather swiftly copyright protected in the Netherlands, so […] Read more

2016-06-07 | The claimant who withdraws preliminary relief proceedings has to pay the defendant’s legal costs

(Former) claimant can claim procedural costs until 3 September 2016   Up to the present time, uncertainty remained in the Dutch IP-world about who has to reimburse the (full) legal costs if preliminary relief proceedings are withdrawn before the court session commences. I have conducted legal proceedings on this matter and have previously published about […] Read more