2019-04-17 | Feared new copyright directive: a storm in a teacup?

It is not often that the passing of a new EU directive is considered world news, but you couldn’t have missed the passing of the new DSM directive. Large news websites and programs and countless blogs and vlogs discussed Article 17 (before: Article 13) and the so called “upload filter”. Supposedly, the new directive would […] Read more

2019-04-11 | Influencer’s own opinion? No disclosure required

Fortunately, it is now clear: when an influencer is being very positive about a product, but the producer of the product has nothing to do with that influencer (the producer did not pay for the positive post, neither is the product sampled), such a positive post falls under the freedom of speech while the strict […] Read more

2019-03-13 | Child idols banned

Every parent knows the situation: your child wants to buy certain cookies, with the Minions pictured on the packaging, or Dora The Explorer. The Stop Unhealthy Food Marketing to Kids Coalition could not stand it any longer and it is about to change. For a while, there has been regulations on advertising for foodstuffs: they […] Read more

2019-01-29 | Success for brand owners: from now on social media platforms such as Facebook may be required to actively take action against evidently sketchy advertisements for counterfeit goods

Platforms such as Facebook and Instagram contain more and more advertisements. Some of these advertisements come from parties that offer counterfeit goods according to a fixed pattern. Recently, the Preliminary Judge of the District Court of Amsterdam ruled that Facebook is acting unlawfully towards Tommy Hilfiger by allowing advertisements (which meet certain specific characteristics) promoting […] Read more

2018-12-21 | Oil company OK does not have rights to < > domain name

For years, Gaos B.V. has owned the domain name < >: a beautifully pithy domain name which it hopes to put to good use in the future. For example, a positive website full of descriptions of beautiful things: there is already so much negativity in the world. It’s just that Gaos’ director hasn’t had […] Read more

2018-12-10 | © Artificial Intelligence?

When ‘Edmond de Belamy’ was auctioned by Christie’s in October, nobody asked whether copyright can rest on a portrait made by an algorithm. The main question at the auction was how much the portrait would be worth, knowing that it was not made by a famous painter, but by a computer. The fact that this […] Read more

2018-11-30 | #WINNING – Sarah Arayess wins the Wim Mak BMM Award

Great news! Our colleague Sarah Arayess was awarded the Wim Mak BMM Award today. Sarah receives this prestigious recognition for her article on food law and trade marks. The Wim Mak BMM Award was established by the Benelux Association for Trademark and Design Law (BMM). The prize is presented during the yearly autumn meeting of the […] Read more

2018-11-30 | On copyright without flavour

When you sit in a restaurant, you’re surrounded by copyright protected works: the art on the walls, the restaurant’s logo on the menu and in some cases even the dining tables and chairs. But what’s the situation with copyright protection of the most important thing in that restaurant – the flavour of the food and […] Read more

2018-11-29 | Don’t use a brand as a generic name

Shall we take an Uber (taxi)? That celebrity definitely used Botox (a toxin to treat facial wrinkles from Allergan Inc)! I gave my daughter a Barbie for her birthday (doll). It’s so easy for these terms to creep in. You come up with a new product or service, it’s a great success and, before you […] Read more

2018-11-29 | Food choice logos under full development

Do you remember them? The blue and green tick marks on food packaging. These symbols have been in use since 2006 to help consumers choose healthier products. The party was over after 10 years: the tick marks were about to disappear gradually from the shelves. Products can no longer be produced with the tick marks after […] Read more