In the Equivalenza judgment, the Court of Justice sets a new rule for assessing similarity between conflicting trade marks. The fact that the assessment is done in two stages is not new, only how to exactly do it. This new rule is important in any trademark conflict, both in oppositions and in infringement proceedings.
Read MoreIn May 2020, T-Mobile launched the "Break-up Weeks". The playful message: break up with your current telecom provider.
Read MoreTake a good look at those packages with flags and cheerful country colours. They are going to disappear more and more. Why are they disappearing? Strict labelling rules require that a disclaimer be used if the primary ingredient comes from another country than suggested by the texts or symbols on the packaging.
Read MoreNowadays almost everyone eats vegetarian for at least one day a week. There are also people - vegans - who have a complete vegan diet and therefore do not eat animal products such as cheese, eggs or honey. But where do moulds and yeasts fall into this picture?
Read MoreA little background information: the winning party in intellectual property proceedings can be reimbursed a large part of its litigation costs (lawyer's fees). However, these costs must be predictable in advance of proceedings. Reimbursement has therefore long been restricted in copyright, trademark, design and trade name cases.
Read MoreSince the Picasso/Picaro judgment, we know that visual and aural similarity can be neutralised if the trademarks evoke different concepts. In the Wolf Oil/EUIPO judgment, the ECJ decided that neutralisation must take place at the end of phase 1, after assessing the degree of similarity at visual, phonetic and conceptual level.
Read MoreIf you finish an e-book, you may not resell it. This is what the Court of Justice of the European Union ruled in the Tom Kabinet case: resale of e-books constitutes copyright infringement.
Read MoreAs a paralegal Lisanne has made herself indispensable at Hoogenraad & Haak in a short period of time. Driven, tactical and down to earth, she has helped many clients. At the end of February, Lisanne takes the next step and is sworn in as an advocaat.
Read MoreMarketing likes to use a general, 'generic' health claim. That sounds better. For example: 'feel fit'. That is possible according to the Claims Regulation, provided that it is accompanied by a specific, authorised health claim (for example: vitamin C contributes to a normal energy balance) But what does 'accompanied by' mean? How close should the specific claim be placed: directly next to it, or somewhere on the same side of the packaging? Can it be on the back??
Read MoreEnzo Knol uploaded a vlog about Boerderij Chips on his Youtube account: Enzo drives to Boerderij Chips in his (pink) Lamborghini, helps loading potatoes, drives the tractor and loses his car keys in a pile of potatoes. Enzo follows the production process from potato to chips, finds back his car keys (although, spare keys), unboxes a box of "Boerderij chips" at home and metions www.boerderijchips.nl
Read MoreWhat do others think? A good review results in good publicity and new customers. In the event of a negative review, customers stay away. Very annoying, especially when those reviews seem false.
Read MoreCan you just copy a picture from the internet? The Internet is great. The digital revolution brings countless good developments and never has there been such easy access to so much information. Yet, there are also negative sides to the Internet. Unauthorized use of copyrighted material is one. What is there to know about that?
Read MoreTrademark owners can let out a sigh of relief. An unclear description of goods and services of a trademark does not invalidate the trademark registration. And if the applicant is not at all economically active in relation to the goods and services concerned, this is no reason to assume 'bad faith'.
Read MoreBrand awareness surveys, turnover figures and market reports. Do they really matter in proceedings concerning trademark infringement and unlawful use of a trade name? A recent judgment of the District Court of The Hague shows the added value of a well-designed market survey.
Read MoreThe Flower Farm must definitively change its packaging. The deforestation claim on its 'butter without palm oil' is misleading. The Board of Appeal confirmed on appeal that the text on the margarine packaging EAT PLANTS, NOT PALM PLEASE is inaccurate.
Read MoreH&M is again allowed to use two stripes on its clothing without it constituting an infringement of adidas' three-striped trademark. After years of battle, the Court of Appeal of The Hague decided this on 28 January 2020, surprisingly differing from the decisions of the Court of The Hague in the first instance and from the Court of Appeal of Arnhem in preliminary injunction proceedings regarding exactly the same garments, the "Work Out clothing.
Read MoreDynamic pricing policies, scarcity indications, nudging, social proof, dark patterns. There are many tactics out there to influence online buying behavior. Where to draw the line between permissible online persuasion and unlawful commercial practices?
Read MoreEurope is busy. Not only will the rules on advertising change, there will also be new rules on the provision of digital content. Other European directives in the field of consumer protection are being revised. Important news for all companies that sell via the internet or offer apps to consumers. What are the practical consequences for businesses?
Read MoreThe die is cast: European advertising law is going to change. The amendment to the Unfair Commercial Practices Directive was approved by the European Council on 8 November.
Read MoreOn 7 November, the NVWA (enforcer), VWS (legislator), the food industry FNLI, the Consumers' Association and lawyers held talks at the Annual Conference on Food Safety and Integrity. The entire food industry was watching. As a lawyer, I spoke to Inge Stoelhorst of the Ministry of Health, Welfare and Sport in a panel. Later Yvonne Huigen (NVWA) and Marloes Kneppers (FNLI) joined the discussion.
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