Region: Netherlands

The value of a sound trademark

The world’s most valuable trademarks are APPLE ($98 billion), GOOGLE ($93 billion) and COCA-COLA ($79 billion). Not only does the standard word mark or logo of these brands represent great value to the balance sheet of the business, but certain sound trademarks may achieve even greater recognition and represent even greater value than the associated word mark or logo.

29 October 2014

Retro: registering 'lost' brands

Retro has made a comeback in recent years. Brands which used to be all the rage but then disappeared from the market are now getting a new lease of life. Reintroducing such names and benefiting from the goodwill often still associated with the brand is an attractive proposition for companies. But is it allowed?

22 October 2014

Hollandaisas slips up on flip-flops

In a case brought by flip-flop manufacturer Havaianas, the Central Netherlands District Court held that the trademarks HOLLANDAISAS and HAVAIANAS were not similar enough to create confusion. However, the judge held that the Hollandaisas flip-flops were in breach of the Havaianas design.

15 October 2014

Some trade names are best at sufficient distance

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.

06 August 2014

Battle of the stars

In a recent decision, the Benelux Office for Intellectual Property (BOIP) considered whether two logos, one owned by EFE SA and the other by the European Commission, were similar. In order to do so, BOIP considered the logos' visual, aural and conceptual similarities

30 July 2014

Protecting the valuable Dutch dance music industry

The Dutch dance music industry is worth more than €500 million a year and has become an important export product. However, in order to continue being successful and to protect innovations against infringement by third parties wishing to piggyback on that success, DJs and festival and event organisers need to have registered, legally strong trademarks.

23 July 2014

Degeneration into a generic name: companies are victims of their own success

The aim of every trademark owner is for its trademark to become well known on the market. However, this success can backfire when a trademark becomes so well known that consumers start to think that it is a generic name for the underlying products or services. Although this might appear to be the ultimate compliment, such development may lead to the downfall of a trademark.

16 July 2014

Court grants MSD injuction for infringement by Mylan

Merck Sharp & Dohme Corp (MSD) owns a patent protecting the application of the drug finasteride for the treatment of androgenic alopecia. MSD initiated infringement proceedings in 2012 against Mylan, which was marketing a generic finasteride product. The District Court of The Hague recently ruled on this dispute.

09 July 2014

Court rules on (fashion) design law

The District Court of The Hague recently issued a judgment in a case involving well-known clothing brand O’Neill and Scandinavian clothing manufacturer L-Fashion. The subject: the design of a ski jacket. The decision demonstrates the importance of protecting and monitoring IP rights.

23 April 2014

Illegal downloads arrive in the Netherlands

Until April 10 2014, illegal downloads did not exist in the Netherlands. Anyone could legally download music, films and books without incurring a penalty. However, on that date the European Court of Justice ruled that the download ban would take effect in the Netherlands immediately.

16 April 2014

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