On June 1, 2023, the Unitary Patent will be launched. Protection will then finally be obtained with one (granted) patent in all 17 EU countries that have joined the Unitary Patent system. These countries so far are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
Read MoreCarnival did not start with confetti for a carnival artist from Tilburg this year. In summary proceedings the court ruled that the carnival song 'Willies Car Palace' indeed infringes on the personality rights of another musician. The song is not a parody and therefore constitutes unauthorized infringement.
Read MoreBefore a consumer purchases something online, the seller must provide certain information to that consumer. Any webshop should carefully check whether it complies with these information obligations. In the Netherlands, judges have to assess this ex officio and impose a sanction for a violation, such as refund of the purchase price.
Read MoreSustainability claims are important. As a company you want to be able to communicate what you have already achieved, and what your ambitions are to help our planet. As a consumer, you want to know exactly what the sustainable element of the product or service is. And you want to be able to trust that. Greenwashing is counterproductive.
Read MoreMany food packages include a ‘serving suggestion’ (aka ‘serving tip’). But what does this mean? The Board of Appeal outlines two ways in which consumers can understand ‘serving suggestion’.
Read MoreAmazon features a mix of products. Some are offered on this marketplace by Amazon itself, but the same products are also sold by third-party sellers. Amazon offers such third-party sellers support for, among other things, shipping, warehousing and returns of products offered on Amazon. This hybrid business model got Amazon into trouble.
Read MoreShould a mark including the particle 'fucking' be registered as a trademark? Or is such sign contrary to accepted principles of morality? The EUIPO Fourth Board of Appeal recently upheld the refusal of the device mark NELEMAN JUST FUCKING GOOD WINE as an EU trademark.
Read MoreCoolBest focused on sustainability in its revamped packaging, with the claims 'Now in a plant-based pack' and 'Our packs are 100% linked to plant-based materials and 100% reusable'. Is CoolBest allowed to make these environmental claims? The Advertising Code Committee (ACC) rules that it is not.
Read MoreFrom 1 January 2023, new rules for communicating rebates will apply. There is much ambiguity and debate surrounding these new rules. They may have unintended consequences for retailers' rebate policies. Reason to highlight the main points.
Read MoreKorean kimchi, South African braai, Moroccan tagine and ceviche from Peru. For delicacies from world cuisine, you no longer have to travel far: supermarkets and menus are full of these delicacies. Recently, the chairman of the Advertising Code Committee dealt with a case about an American speciality: the dried and spiced meat snack beef jerky.
Read MoreCan one refill a refillable SODASTREAM carbonated gas bottle and put one’s own label on it, while the engraved brand SODASTREAM also remains on the bottle? Yes, so the Court of Justice ruled on 27 October 2022 in the Finnish case SodaStream/MySoda.
Read MoreDynamic pricing, scarcity markers, nudging, social proof and dark patterns. There are endless tactics to influence online buying decisions. Where is the line between permissible influence and an unfair commercial practice? In the Guidelines on the protection of the online consumes, published in 2020, regulator ACM clarified how it applies consumer rules to online influencing techniques.
Read MoreJust a reminder: the nutrition claim 'no added sugar' means that the food contains no additional sugar in the recipe, i.e. no mono- or disaccharides. This is stated in the Claims Regulation 1924/2006. This also precludes the addition of, for example, dates or malt syrup to make the product sweeter. Why? That would mislead consumers who rely on 'no added sugar'.
Read MoreDid you know that imitation leather called Piñatex is made from pineapple leaves? This can be used for shoes, bags, jackets, and so on. Of course, the user wants to scream out loud that these clothes are unique because they are made from pineapple. But what if someone else has registered the trademark "Pineapple" for clothes? Wouldn’t this constitute a trademark infringement?
Read MoreAmp. Amsterdam // The Sonic Branding Company is making an interesting podcast about music in advertising, aptly titled "Advertising Music". In a series of short episodes, the host Amber Roner takes us all into the world of advertising music. Amber talks to artists, producers, music supervisors, publishers, advertisers, and......lawyers! Daniël Haije (Hoogenraad & Haak) and Syb Terpstra (bureau Brandeis) took part in an episode about the legal aspects of advertising music.
Read MoreLuna had been working with us as a legal advisor for some time. After a long holiday in Colombia, Luna returns to our firm and in January she will be sworn in as a lawyer at the Amsterdam Bar. Luna will advise and litigate in all areas of our firm: advertising law, intellectual property and food law. Go Luna!
Read MoreOur advertising practice has been strengthened with the arrival of lawyer Lisa Peek. Lisa specializes in intellectual property, advertising, marketing and privacy law. Since her joining the Amsterdam Bar in 2018, she worked at a leading law firm in Amsterdam and at a specialized niche firm in Utrecht. In her spare time, Lisa enjoys traveling, running and drawing portraits.
Read MoreGreen, greener, greenest! Consumers are increasingly making (more) conscious choices for more sustainable, natural products. The food industry is embracing this need. Chewing gum producer BenBits also advertises with "natural" and "plastic-free" gum. This year, competitors Perfetti (Mentos and others) and BenBits submitted complaints about each other's advertising.
Read MoreYou sell products of someone else's brand. You would like a web shop that is easy to find for customers interested in that brand. Therefore, you use a domain name that includes that brand. Is that allowed...? The plaintiff in the Elisabetta Franchi case is.
Read More"Immediate" action is a must in case of unsafe food and feed. This open standard from European legislation (General Food Regulation (178/2002) and Implementing Regulation (931/2011)) has recently been specified in a national Policy Rule. "Immediately" means that within 4 (!) hours after there is reason to believe that a product is unsafe, a consumer recall must be initiated. Within the same 4 hours, the NVWA (Netherlands Food and Consumer Product Safety Authority) must also be notified in relation to the source of the products and in relation to the customers of the products (1 step up and 1 step further down the chain).
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