Search results - found 34
Naturalis must halt refurbishment on grounds of architect’s copyright (International reports)
In recent interlocutory proceedings a judge ordered Naturalis, a museum in Leiden, to stop the refurbishment of its building. The building's architect had opposed the refurbishment on the grounds of his copyright in the original design.
The Hague leads the way in IP rights decisions (International reports)
In recent months the courts of The Hague have issued some key decisions relating to IP rights. As well as guaranteeing the right of copyright owners to receive proper compensation for the private use of copyrighted material, the courts have made their mark in the ongoing IP battle between Apple and Samsung.
De Smaak Van: protecting trade names and domain names (International reports)
A preliminary relief judge recently accepted De Smaak Van's request that use of the trade name De smaak van Twente for culinary activities be stopped. As both companies are engaged in the organisation of culinary events and the provision of business gifts and Christmas hampers, and their activities all take place in the region of Twente, the judge felt that there was a risk of confusion.
No likelihood of confusion between SINA rice and SITA rice (International reports)
The District Court of The Hague recently held that there was no likelihood of confusion between SINA rice and SITA rice. This decision was somewhat remarkable considering earlier decisions on similar comparisons between four-letter signs relating to foodstuffs.
Patents Act gets ready to welcome applications in English (International reports)
The Patents Act 1995 has been amended and the new version is expected to come into force during the first half of 2008. The new act would allow patent applications, though not claims, to be submitted in English, making the Netherlands among the first countries in Europe to depart from having a national language requirement for national patents.
Court bans further PINK RIBBON mark applications (International reports)
The Court of The Hague has imposed a ban on the registration of the Benelux and Community trademarks for the word mark PINK RIBBON and any marks using a combination of the words “pink” and “ribbon”. The court held that the Scheffrahn group had deliberately forced the Pink Ribbon Foundation to spend huge sums of money by repeatedly filing new applications and subsequently withdrawing them.
Managing directors, beware personal liability for IP rights infringement (International reports)
If a managing director is found liable for damage, the compensation that he or she is required to pay from private funds can mount up. However, under Dutch law it is rare for a managing director to be held personally responsible for an IP rights infringement. For this to happen, a case of personal liability must be made against him or her.
Dutch NPE obtains multimillion-dollar patent infringement settlement (International reports)
In the wake of the patent trial between Apple and Samsung in the United States, Dutch engineering company ItoM BV has enjoyed success against both companies by obtaining a multimillion-dollar licensing settlement. ItoM challenged several major electronic companies for infringement of its proprietary transceiver technology.
Protecting The Diary of Anne Frank (International reports)
The Diary of Anne Frank is well known. Frank's death in 1945 meant that copyright in the diary will expire in 2016, and thus the Anne Frank Trust applied for additional protection under trademark law. However, both the Benelux Office for Intellectual Property and the Court of Appeal rejected the application.
Defending your stripes (International reports)
Benelux companies using stripes on their vehicles must consider the right of the Netherlands, which safeguards its copyright and trademark rights in its territory in the stripes used on government vehicles. However, the state has not always succeeded in defending its stripes, as demonstrated by its case against Darkness Reigns Holding.
GOUDKUIPJE versus GOEDCUPJE: comparing coffee to cheese (International reports)
In recent proceedings Koninklijke Eru Kaasfabriek lost an opposition which it had filed against Goedcupje BV's application to register a trademark for the logo GOEDCUPJE. The Benelux Office for Intellectual Property held that the fact that both trademarks related to food was not enough because the foods in question were very different.
Registering an acronym as a trademark (International reports)
Most trademarks consist of a word or a logo, but acronyms are also popular as trademarks. Before determining whether an acronym is suitable as a trademark, it is important to know what the acronym stands for, and particularly whether this is its usual meaning in the relevant sector.
Use of Teletubbies on merchandising products (International reports)
The Court of The Hague recently ruled on whether use of a character under licence meant use of the trademark. The question at issue was whether use of the TELETUBBIES trademark on merchandising products could be interpreted as use of the trademark with the intention to inform the public as to the origin of the products involved.
EPC 2000 improves position of Dutch patent proprietors (International reports)
Under Dutch patent law, patent proprietors may amend claims after grant. The conditions for such amendments are identical to the conditions imposed by the European Patent Convention (EPC) 2000 on amendments of granted patents during opposition proceedings, and substantially similar to the conditions under which the EPC 2000 allows national law to revoke patents.
Bull fight finally yields a victor (International reports)
After 14 years, the protracted legal fight between coffee shop The Bulldog and energy drink brand Red Bull is over, with The Bulldog coming out on top. But what can be learned from this case?
Some trade names are best at sufficient distance (International reports)
The Van der Valk hospitality chain, which owns hotels, motels and restaurants, is well known in the Netherlands. The place name, which forms part of the name of each of its hotels, distinguishes them in terms of location, but can sometimes result in conflict. Recently, the Oost-Brabant Court considered whether a new Van der Valk hotel could open with a similar name to another hotel just 15 kilometres away.
Supplementary protection certificates: when is a product protected by a basic patent? (International reports)
In Ranbaxy v Warner-Lambert the Court of Appeal of The Hague has provided criteria for assessing Article 3(a) of the Supplementary Protection Certificate Regulation. It remains to be seen how this decision will influence the practice of the Netherlands Patent Office.
"Zo. nu eerst": Yourhosting versus Bavaria (International reports)
A court in The Hague has issued its judgment in a case launched by beer brewer Bavaria against Yourhosting. The court held that Bavaria’s slogan was protected by copyright. The fact that the slogan was “catchy” with a certain comic factor showed that the brewer had made its own creative choices.
Advertising Standards Authority keeps “Patent Expert” from Dutch market (International reports)
The Advertising Standards Authority has stopped a man from calling himself a “Patent Expert”. His action was deemed to violate the Advertising Standards because “Patent Expert” is not an official term and because the defendant’s qualifications were insufficient.
Is MEMORY a trademark for games? (International reports)
In a recent decision the Court of Amsterdam held that word combinations used by online games provider Jaludo did not infringe Ravensburger’s MEMORY trademark, which has been used for a memory game since 1961. The court rejected Ravensburger’s case because Jaludo used the word 'memory' as a description of its games.
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