2017-02-20 | WTR Daily: The battle of Porsche vs. P@RSCHE

On October 26 2016 the District Court of The Hague rendered its judgment in a case brought by Dr Ing HCF Porsche Aktiengesellschaft against an unnamed Dutch individual. Both parties had met previously in court in 2012, when it was ruled that the defendant had filed a trademark application for the word PORSCHE in bad […] Read more

2017-02-13 | Kit Kat: high threshold for acquired distinctiveness of a trademark

Biscuits and sweets producers Mondelez and Nestlé can’t seem to stop litigating over the shape mark of the KIT KAT candy bar. Previously, the CJEU explained that, when the shape of a chocolate bar conformed to a technical function or followed from the nature of the bar, the shape could not be regarded as a […] Read more

2016-10-19 | Use of bread crates by competitor constitutes trademark infringement

Market Food Group is proprietor of the figurative trademark ‘Bakkerij ’t Stoepje’. The company is known for their big yellow trucks with red letters. MFG delivers confectionery (including bread) to franchisees and other parties. For the biggest part these other parties consist of market traders. MFG delivers these products by use of yellow crates with […] Read more

2016-06-14 | CJEU Daimler/Együd Garage: trademark use in advertisement?

The former Mercedes-Benz dealer Együd did not violate trademark rights, even though its name and the Mercedes brand were shown together in an online advertisement which suggested a (no longer existing) commercial relationship between Együd and Mercedes Benz. The EU Court of Justice decided on this in the case of Daimler/Együd Garage. Együd argued that […] Read more

2016-03-24 | Patents: interactive image screens

In a dispute concerning two patents with respect to interactive television screens, the question arose whether the patented inventions of Smart Technologies UCL had lead to valid patent rights and whether CTouch Europe BV had infringed those rights. CTouch claimed that Smart Technologies had not clearly substantiated its infringement claims. Accordingly, they were unable to […] Read more

2016-03-17 | After 17 years of procedures: an end to the stripe-conflict

After a conflict of more than 17 years, adidas finally won at the Court of Appeal Arnhem-Leeuwarden. In the meantime, the case landed on the desks of many different courts (the Court of Justice of the EU, the Supreme Court). In this case the question arose whether the 3-striped pattern could be seen as a trade […] Read more

2015-10-12 | Battle of the Stripes

If you did not repress it, you will remember the football World Cup of 1974…. Johan Cruijff was the only one wearing a shirt with two stripes, instead of the well-known three stripes outfit of adidas. The reason was that he was sponsored in a private capacity by Puma and Puma did not want him […] Read more

2015-06-22 | The freedoms protected by the Charter

At first the European Constitution was rejected, but then the Charter of Fundamental Rights of the European Union was silently adopted. After all a constitution with potentially enormous effects. It took a few years before the Charter really got in the picture, but nobody can go around it anymore. The Dutch court can even decide that […] Read more

2015-06-04 | Hey, that is not OK, leave my domain name alone!

Holding company Gaos has owned the domain name ‘’ since years, but has never actually used it. Oil company FuelPlaza exploits a chain of petrol stations under the brand and claimed to have better rights to this domain. By registering and by keeping ‘’ Gaos would infringe on the trade name and trademark, it would commit a […] Read more