2014-10-06 | Company director held liable for IP infringement

Foot note under The Hague Court of Appeal, September 30, 2014, Cepia/X Normally, a company director will not be held liable for the acts or omissions of his company. The threshold is high: the director only will be held liable for damages if a wrongful act committed by his company can be blamed on a […] Read more

2014-09-08 | Parody in copyright law: CJEU Deckmyn / Vandersteen

Should a parody, in order to be lawful, be directed at the parodied work or the work’s artist, or can one also use someone else’s work to convey a message that has nothing to do with the work itself? The European Court of Justice has decided that both can be done. The Flamish right wing […] Read more

2014-04-02 | ISP’s

The creative industry has been up in arms about this for years. Illegal downloading websites give people access to all the new releases, so why would viewers bother going to the theatre when they can watch the same movie on their laptops for free? And especially in the Netherlands. Our country is notoriously easygoing in […] Read more

2014-02-05 | Tropical surprise

On “One Happy Island” Aruba, where the temperature at the time of writing is a pleasant 27 degrees Celsius, a true legal battle has taken place. Arubags is seller of the Aruban version of the worldwide known bags, all over printed with names of famous cities. Arubags stated that another party that remained anonymous  in […] Read more

2014-01-29 | XS4all and Ziggo v. Brein: 1-1

It’s been two years since we (and with us many others) wrote on the order of the court in The Hague to the ISPs Ziggo and XS4ALL to block the access to the torrents website The Pirate Bay. Today, the Court of Appeal ruled on the appeal proceedings instituted by the ISPs. The case in […] Read more

2014-01-28 | The end of the protection of non-original writings

In addition to the “standard ” copyright protection of works, the Dutch copyright law was long known for its protection for non-original writings , such as program books, telephone directories, timetables or other data sets. These datasets that do not excel in originality and creativity, often do not meet the “originality requirement” , which is […] Read more

2013-10-16 | The Orange Blokker Dress “will be (SUPER) trashed”

SuperTrash, the well-known fashion label by Olcay Gulsen, brought litigation on Blokker for alleged infringement on its copyrights and design rights to the famous orange ‘Bavaria-Dress’. SuperTrash had designed this ‘Dutchy Dress’ for the World-Cup tournament in 2012. The orange dress became notorious during the Netherlands-Denmark football match, when some twenty Bavaria-babes dressed up as […] Read more

2013-08-09 | Buma/Stemra and YouTube have a new deal

Buma/Stemra (Dutch Performance Rights Organization) has anounced that it has concluded a new license agreement with Google regarding the music in YouTube videos that are being hosted and streamed by Youtube in the Netherlands. It is said that the agreement also covers embedded videos on third party websites. It took Google and Buma/Stemra one and […] Read more

2013-08-06 | The TrippTrapp is more than a collection of functions

The stepladder decision (see above report in this NEWS) follows a recent ruling from the Supreme Court, on the well-known TrippTrapp high chairs. Is competitor Hauck infringing Stokke’s copyright on the TrippTrapp with its Alpha chair (right)? The Court of Appeal found that it was and the Supreme Court has upheld this decision.The TrippTrapp has […] Read more

2013-08-05 | How much creativity is involved in a stepladder?

How many creative choices does the designer of a stepladder make? Quite a few if we are to believe the preliminary relief judge in The Hague. “Designer freedom” was the main issue in a case between stepladder manufacturers, Altrex and ASC. In principle, functionally determined outer characteristics (of a stepladder for example) are not protected […] Read more