2016-03-31 | Filling Pieces / De Schoenenfabriek: concerning the transfer of IP rights

Shoe designer Guillaume Philibert has designed and sold shoes (called Low Tops) for quite some time. See for example the Low Top Python on the left. At first he started his business as an independent trader and from 2014 in the form of a Limited Liability Company (Filling Pieces BV). In 2015, a competing shoe […] Read more

2016-03-08 | Imagery: Do not wait too long for appeal

Blendle is a type of online shop where one can buy individual articles from newspapers and magazines. From the outset of the business in 2014, Pictoright made waves with respect to their rights over the images used by Blendle in their articles. At the end of last year, 16 months later, Pictoright finally followed through […] Read more

2016-01-28 | Can one depict a Community Design to promote accessories?

Finally the question has been referred to the CJEU: do the Gillette case law for trademarks and the right to quote in copyright law have a counterpart in design law? For trademarks it was long ago decided, and clearly put in the EU Trademark Regulation and Directive, that one can communicate that an accessory is […] Read more

2016-01-27 | Website with videos: newspaper or TV channel?

The Austrian Tiroler Tageszeitung offers on-line news next to a printed newspaper. This consists mainly of a written contribution from the newspaper completed with videos. On the website a “Video” link is posted to a subdomain comprising about 300 short videos. Only a few of said videos relate to newspaper articles. Several videos were made […] Read more

2016-01-21 | Compensation of legal costs after withdrawal of interim relief proceedings?

Imagine: you receive a writ of summons because a competitor starts interim relief proceedings against you. After you recovered from the initial shock, you decide to consult a lawyer and prepare in the best possible way for the hearing where you plan to convince the judge of the fact that your competitor has got it […] Read more

2015-12-16 | Happy Birthday and Hup Holland Hup – groundless claims?

The Guardian announced that the song Happy Birthday can finally be used in commercial expressions without the risk of receiving a claim. Up till recently one would receive a stong letter of summons from Warner/Chappell Music, Inc. – a company claiming copyright to the lyrics of Happy Birthday fort he USA. Thát is the reason […] Read more

2015-12-07 | Finnish and Dutch design vs. Chinses counterfeit: 1-0

Counterfeit dealers who believe they are safe can also be caught. A multitude of counterfeit products are offered through shady websites or through anonymous accounts on online market places. The ‘fakes’ are shamelessly advertized under the registered trademark, often even combined with the original product photographs. The Finnish designer Seppo Koho and his manufacturer Secto […] Read more

2015-11-18 | “Battle” for TV format The Voice

Talpa and John de Mol can expect a claim at a Dutch court from the Irishman Michael Barry. Barry claims to be the creator of the idea for the tv-show The Voice. According to the Irishman he uploaded “the idea” to the website The TV Writer’s Vault in 2008. The website requires all visitors to keep […] Read more

2015-10-16 | Dutch Act on author contract law, fairness, a blank page

The Act on Author Contract Law has entered into force as from 1 July 2015 and strengthens the contractual position of authors and performing artists towards their contracting parties (such as publishers, film producers and record companies). The Act on Authors has been reviewed before but this time a large number of provisions has been changed. […] Read more

2015-07-03 | Copyright Contract Law: The world just got fairer

With the enactment of the Law on Copyright Contracts, the creative world just became a little fairer. This law strengthens the position of the author (provided this is a natural person) in relation to the party exploiting the copyright. The law is also applicable to performing artists. Both can claim a fair compensation for every exploitation […] Read more