Can one write a book about your favorite Harry Potter moments without J.K. Rowling's permission and offer it for sale? You cannot if it is up to the makers of the Dutch TV show Jiskefet, unless it is made clear to the consumer that this is an unauthorized book. The author of the book would otherwise profit from the reputation of the Jiskefet trademark. Unfortunately for Jiskefet, the Amsterdam Court of Appeal disagrees.
Read MoreA new nuance in the discussion about ‘climate neutral’ claims: Arla mentions on its organic dairy products that the milk and yogurt would be climate neutral, as it invests in the planting of new trees in Africa. By this Arla means that its dairy is climate neutral because it is certified according to the climate neutral label CNG (Climate Neutral Group), a solid quality label with strict requirements. That label uses the wording "climate neutral”. Can Arla do this too? The Board of Appeal distinguishes between two types of climate-neutral statements.
Read MoreAttention to legal Counsels from ad agencies and major advertisers! On 13 October 2022, the Global Advertising Lawyers Alliance (GALA) will host its annual advertising law conference at the Ham Yard Hotel in London. The theme of this year’s conference is "Global Advertising in an Age of Crisis and Change".
Read MoreA consumer can sue the trademark owner for a defect in the trademarked product, even if the product clearly states that another company is the producer. This is because the consumer may infer from the reference to the trademark on the product that the trademark owner is involved in the production process or assumes responsibility for it.
Read MoreIn July 2022, a complaint was submitted at the ACC against brewer Liefmans' claims "alcohol-free" and "0.0" on the label and website of its Liefmans Fruitesse 0.0 beer. Why? Both the use of '0.0' and 'alcohol-free' would be misleading. In fact, as was also stated on the Liefmans website at the time of the complaint, the fruit beer contains less than 0.05% alcohol. The beer is thus not completely alcohol-free.
Read MoreAdvertisers may use a self-developed logo in advertising if it is made sufficiently clear what is meant by this logo. This general principle was confirmed in a recent case before the Advertising Code Committee (ACC) between Unilever and Foodwatch. Foodwatch filed a complaint alleging that the "Responsibly Made for Kids" logo developed by Unilever was misleading.
Read MoreThe so-called "upload filter" from the Copyright Directive does not violate fundamental rights. It provides sufficient guarantees to protect freedom of expression and information. So ruled the Court of Justice of the EU on 26 April 2022.
Read MoreGroundbreaking and justified. If a prohibited medical claim is made for a food supplement the NVWA is to base a fine on the Foodstuffs Act (starting amount €550). Until now the NVWA reasoned that a double fine could be imposed on the company based on the Medicines Act (starting amount per fine €150,000). In a thorough and convincing judgment the Court of Oost-Brabant rules out the Medicines Act in this case.
Read MoreA webshop may not claim that reviews are authentic if this has not been investigated. And the posting of fake reviews by webshops (or having them posted) is now misleading by definition. This follows from the new e-commerce rules that apply since May 28, 2022 as a result of the implementation of the Modernization Directive (2019/2161).
But how does one prove that a review is fake or real?
Read MoreThe owner of an older trademark can have a later registered conflicting trademark declared invalid. The registration of the younger trademark does not function as some kind of approval allowing for undisturbed use of this younger trademark: the older trademark owner can still take action against it after the younger trademark has been registered. But the older trademark owner should not wait indefinitely. If he becomes aware of the younger registration and the use, he has five years to act against the younger trademark registration or the infringing use. Is sending a letter sufficient as an action?
Read MoreThe expressions about sustainability are numerous, as are the rulings of the Advertising Code Committee on this subject. Here are some tips and general guidelines to see through the forest of sustainable/green/eco trees.
Read MoreOn 17 May 2022, the Dutch Media Authority (CvdM) published the new Policy Rule on Qualification of Commercial Media Services on Demand 2022. Very briefly: as of 1 July 2022, vloggers with 500,000 or more followers must register with the CvdM, join the Advertising Code Committee, register with NICAM (age rating) and comply with the rules of the Media Act (including the also renewed policy rules of the CvdM on sponsorship and product placement).
Read MoreNutri-Score is a voluntary food choice logo that helps consumers to make healthier choices when purchasing within a product group. Nutri-Score has not yet been officially introduced in the Netherlands; this is expected to happen in 2022. Nutri-Score can already be found on store shelves as part of pilots and because it is already in use abroad.
Read MoreLight in the Box (LITB) is, despite its pleaded platform role, still liable for the infringing sale of Hikvision products on its platform. On 17 May 2022, the Court of Appeal of The Hague confirmed the earlier judgment of the District Court.
Read MoreTaste is subjective and therefore it cannot be copyrighted, was the ruling in the Heksenkaas case. In this Advertising Code Committee case the issue is not the copyright on taste, but the expectation of the taste of a biscuit based on the packaging.
Read MoreFor almost 15 years, our office was located in the Emerald House, in the shadow of the Okura Hotel. Everything was there: meeting rooms, comfy rooms, computers, standing desks, a photocopier, a rather psychedelic graffiti of a geisha in traditional Dutch costume and reasonable coffee. Yet slowly it was time for something new.
Read MoreContrary to what is generally assumed, copyright does not only apply to books, films, paintings and design objects. Everyday utensils (works of applied art) can also be protected by copyright.
Read MoreAt the beginning of this year, in the DOC/Dairy Partners judgment, the Supreme Court finally provided clarity with regard to the descriptive trade name: in such a case, additional circumstances are required for an injunction.
Read MoreThe sun was shining this summer, but not everywhere for the Korean company Hanwha. First some background information: any holder of a European patent must choose in advance in which countries he wants to enforce the patent.
Read MoreThis comes as no surprise: the figurative mark e*message is not a valid mark for electronic messages. It is entirely descriptive of the service. Apple successfully brought an invalidity action against this EU figurative mark registered in 2000.
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