A television commercial for women's underwear by Dutch retail chain Zeeman shows women in underwear in all kinds of situations. Women’s buttocks are prominently featured. Complainants find the commercial women-unfriendly, sexist and too naked for a time slot when children also watch TV. They also complain that Zeeman encourages women to distribute erotic selfies. The complaints raise the question whether the commercial is contrary to good taste and/or decency.
Read MoreAnyone who contracts an influencer will of course ensure that the influencer has to comply with all advertising rules: Mentioning #ad and so on. But that's not enough!
Read MoreeasyCosmetic sells original A-brand cosmetic products whose trademark rights have been exhausted: they were put on the market in the European Economic Area (EEA) by or with the consent of the trademark holder.
Read More“Vitalise Positive Saffron Complex will lift your spirits if you are feeling gloomy.” Is this claim allowed or not? You’ll need to be very accurate when using botanicals. This claim is too strong; a more subtle claim would have been acceptable.
Read MoreThe vegan shoarma pizza is the latest addition to New York Pizza's pizza range. This launch did not go unnoticed, as is often the case with this pizza specialist. Earlier, we reported that the campaign promoting the cauliflower pizza base caught the eye.
Read MoreThe Dutch Advertising Code Committee (ACC) issued an important ruling on 26 August 2021. The ACC sets very high standards for the substantiation of CO2 neutralization claims.
Read MoreWhen can you, as a client, (whether or not together with your supplier) be considered a copyright holder? This question, among others, was the subject of discussion in a spicy case about the copyright on SM whips.
Read MoreOn July 1st the new Alcohol Act will enter into force, replacing the Drinks and Catering Act. These new rules aim to prevent alcohol use by young people and combat problematic alcohol use in the Netherlands. The most prominent change is the ban on discounts above 25% in retail stores (Art. 2a Alcohol Act). This puts an end to offers such as 'buy one, get two’ or 'three for the price of two'.
Read MoreSisvel is conducting numerous proceedings on patents of which it owns or manages the licensing portfolio. Some people call it Europe's biggest "patent troll." A what? Yes it is a peculiar word, wikipedia explains where it comes from.
Read MoreThose who want to make comparative advertising must jump through a high hoop. Specsavers has experienced that. Its campaign 'The Truth' does not meet the rules of art. A ban follows. Specsavers had an eye-catching campaign titled "The Truth” (in Dutch: De waarheid). Well known pianist Wibi Soerjadi performs in that campaign. The tenor: at Specsavers the hearing aids are much cheaper and better than at other audiologists.
Read MoreTotal panic in the Amsterdam supermarkets: the barista oat drink, which you can use to add plant-based foam to your (iced) coffee, is out! The producers have a supply problem. And that's not surprising, because plant-based drinks and products are more popular than ever.
Read MoreWhen is a trademark owner in bad faith when filing his trademark repeatedly? The General Court ruled on this issue in the case of Hasbro v. EUIPO. Hasbro had the trademark Monopoly registered several times. In 2019, EUIPO declared the mark partially invalid (for part of the goods and services), alleging that Hasbro had acted in bad faith when applying to register the mark. Hasbro appealed this decision, but the Board of Appeal and recently the General Court rejected it.
Read MoreThe changed composition of Parodontax Original has not gone unnoticed. The plant and herb extracts in Parodontax have been replaced by flavorings. GSK says that this only gives a different taste and has therefore put the notice "renewed taste" on the packaging.
Read MoreThere is a rule in trademark law that descriptive indications may not be monopolized as trademarks. These designations must be kept free for everyone. For example, the word "Apple" cannot be a trademark for apples. Nor can Apple sue supermarkets and greengrocers for their use of the descriptive designation apple.
Read MoreA recurring key question is whether a food product can have a picture of the fruit in question on it. When do you have to add "flavor"? The Dutch Food and Consumer Product Safety Authority (NVWA) has recently issued a manual that clarifies how the NVWA will enforce.
Read MoreOur partner Moïra Truijens has recently been appointed as .NL Domain Name Panelist at the WIPO (World Intellectual Property Organization) in Geneva.
Read MoreIn November 2020 many Dutch received a flyer from an action group called 'Bezorgde Burgers' (Concerned Citizens). At first glance the flyer contained innocent quotes from Albert Einstein and Benjamin Franklin. This soon changes when it is claimed that corona can be treated perfectly with supplements and medicines. Also, face masks would be bad for your health and lockdowns would cause a decrease in resistance. The anti-corona flyer was not well received by the complainant. He therefore filed a complaint with the Advertising Code Committee (ACC).
Read MoreFor a provider of dietary supplements or other health products it can often be difficult to assess what can or cannot be said about the effect of the product offered. If it contains herbal preparations (botanicals) this is even more complex.
Read MoreA significant win for producers of products protected as protected designations of origin (PDOs) or protected geographical indications (PGIs).
Read MoreSometimes product review in webshops are too good to be true. Some sellers on the Internet seem unable to resist the temptation to make reality look a little rosier, writing product reviews for their own products under a false profile.
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