Oct 15, 2024 ELON and ELTON: Trademark Conflict or Not? By Maarten Haak Finally another decision that simply assumes a likelihood of confusion. The EUIPO Board of Appeal grants the opposition by the earlier...
Oct 15, 2024 Food Supplement or Medicine? Manufacturer’s Intent Is the Deciding Factor By Lisanne Steenbergen The text "reduces swelling and relieves pain" cannot be used for a food supplement. Food law prohibits making medical claims. This...
Oct 15, 2024 Court of Justice Clarifies Discount Communication By Myrna Teeuw This is important for any company that occasionally advertises a discount to consumers. Ever since the amended Price Display of Products...
Oct 15, 2024 Plant-Based Product Roombeter Must Change Name By Ebba Hoogenraad Upfield (now Flora Food Group) must change the sales name of its product ROOMBETER. The plant-based product may compete with with butter...
Oct 15, 2024 Preliminary Questions on Online Shopping: What Does the Dutch Supreme Court Say? By Daniël Haije The Dutch Supreme Court recently answered preliminary questions (questions of interpretation of the law) about online shopping. The...
Mar 27, 2023 Europe - Will An EU trademark Be Registered If It Contains 'F*cking'? By Maarten Haak Should a mark including the particle 'fucking' be registered as a trademark? Or is such sign contrary to accepted principles of morality?...
Mar 15, 2023 What If Confusion Concerns Part of the Public? By Maarten Haak The name 247 Lasersnijden (Dutch for 'Laser Cutting') does not infringe on 247TailorSteel's trademark and trade name, so the District...
Mar 13, 2023 Is a Director Liable for an IP Infringement by the Company? By Maarten Haak The threshold is quite high under Dutch law: a director's liability is only assumed if the director can be seriously and personally...
Dec 09, 2022 SodaStream: CJEU on Exhaustion of Trademark Rights in Refilled and Relabeled Gas Bottles By Maarten Haak Can one refill a refillable SODASTREAM carbonated gas bottle and put one’s own label on it, while the engraved brand SODASTREAM also...
Oct 19, 2021 Comfort When You Are Gloomy ... By Ebba Hoogenraad “Vitalize Positive Saffron Complex works uplifting when you are feeling gloomy.” Is this claim allowed or not? It requires great accuracy...
Oct 19, 2021 Influencer Marketing: Active Monitoring Mandatory! By Ebba Hoogenraad Anyone who contracts an influencer will of course ensure that the influencer has to comply with all advertising rules: Mentioning #ad and...
Oct 19, 2021 ACC: Rock-Solid Evidence Required for CO2 Neutralization Claims By Daniël Haije The Dutch Advertising Code Committee (ACC) issued an important ruling on 26 August 2021. In the ruling, the ACC sets very high standards...
Oct 13, 2021 Zeeman Goes Naked By Myrna Teeuw A television commercial for women's underwear by Dutch retail chain Zeeman shows women in underwear in all kinds of situations. Women’s...
Oct 13, 2021 Food for Thought: Vegan Pizza With Risk of Traces of Milk and Egg By Lisanne Steenbergen The vegan shoarma pizza is the latest addition to New York Pizza's pizza range. This launch did not go unnoticed, as is often the case...
Dec 21, 2020 Share, Like & Win! By Myrna Teeuw Anyone who, after reading the title of this article, was hoping for a giveaway from Hoogenraad & Haak will unfortunately be disappointed,...
Dec 21, 2020 The Legal Assessment of (False) Reviews By Myrna Teeuw Earlier we wroteDirective 2019/2161 will change this principle. The directive literally states that traders are not allowed to post false...