2019-07-16 | Discount on EVERYTHING!*

“Up to 30% discount on everything*”, “DISCOUNT ON THE ENTIRE SITE*, be quick!”. They are familiar slogans on websites, in mailboxes and on leaflets. Does the use of the words “everything” and “ENTIRE” mean that there is actually a discount on everything, or is it still possible to make exceptions? The Advertising Code Committee (RCC) […] Read more

2019-06-27 | Advertising | IP | Food Law (the Netherlands) 2019/01

We’re back! Our quarterly update in a new format: an easy-to-read newsletter on Hoogenraad & Haak’s focus areas: advertising, IP and food law. Developments and some examples from practice. You can find our quarterly update here. Would you like to learn more, or do you have any questions? Just call or email us! Read more

2019-06-20 | Optimel Vanilla custard tastes like vanilla

Where should the packaging say that a product tastes like the depicted fruit? For a moment it seemed that taste could no longer be mentioned at all! The Advertising Code Committee had – unintentionally – clumsily written this down in the Optimel Vanilla custard case, filed by Foodwatch. Fortunately, however, it has now become clear […] Read more

2019-06-20 | Let’s sue or smile?

The four-year dispute between Louis Vuitton and My Other Bag has finally been settled. My Other Bag sells canvas bags with (simplified) images of designer bags from various luxury brands for $30 a piece. Those of Louis Vuitton are well represented in the My Other Bag collection. The District Court of New York did not […] Read more

2019-05-20 | Rutte’s “vase” was an advertisement, but who did it come from?

The recognizability of advertisements is often a point of discussion. For example, brochures on fire safety or the number of burglaries in the neighborhood turn out to be advertisement for smoke detectors and alarm systems. This kind of “informative advertising” is quite common and in the end it is often clear which company is trying […] Read more

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