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Danilo Ruggero Di Bella  (Bottega Di Bella)
Za zdorovie! Vodka trademarks go to auction
June 24, 2024

On June 17, 2024, in the Netherlands, 18 Benelux spirits trademarks owned by Russia – including those for the iconic vodka brands STOLICHNAYA, MOSKOVSKAYA, and NA ZDOROVYE – were auctioned off in one…

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Julius Stobbs  (Stobbs IP) , Gino van Roeyen  (LAWNCH)
'Don't fence me in': what if your locally used trade name is in between one proprietor's earlier trade name and a corresponding younger trade mark? - the finale of the Classic Coach Company case
March 25, 2024

In her 'Happy new year' (30 December 2022) post on this blog 'Trademarks in Luxembourg' Verena von Bomhard shortly referred to the ECJ's Classic Coach (C-112/21) decision of 2 June 2022 as relating…

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Pieter Van Den Bulck  (Stobbs IP)
Your image is your brand – but can your face be your trademark?
December 19, 2023

Whether referred to as image rights, personality rights, right of publicity, portrait rights or simply likeness, having control over the use of your “image” can be an important right that – in one…

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Charles Gielen  (NautaDutilh)
Trade mark of S-shape invalidated because of technical function
August 29, 2018

The Court of Appeal of Arnhem/Leeuwarden, The Netherlands, in its decision of August 21, 2018 invalidated the Benelux trade mark registration of the so called S-shape for loosefill packing material (…

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Friso Onderdelinden  (NLO Shieldmark)
No likelihood of confusion between SINA rice and SITA rice; the relevant public has a background in Islamic cultures
October 16, 2017

Last month the Dutch District Court of The Hague decided in case C/09/520643 / HA ZA that there is no likelihood of confusion between SINA rice and SITA rice. This is somewhat remarkable considering…

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Manon Rieger-Jansen  (Bird & Bird)
Can a TM symbol mislead the public if no trademark has been registered?
July 24, 2017

That is the question that was recently answered by the Board of Appeal of the Dutch Advertising Code Authority. The TM symbol stands for "trademark" and is traditionally used for unregistered…

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Friso Onderdelinden  (NLO Shieldmark)
Genuine use in a supranational trademark system
June 17, 2017

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark…

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Friso Onderdelinden  (NLO Shieldmark)
Infringing artwork: no soft and fluffy Dutch court decisions
March 17, 2017

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be…

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Manon Rieger-Jansen  (Bird & Bird)
Chiquita ends as top banana in Dutch court case
September 15, 2016

On 15 July 2016 the PI judge in the District Court in The Hague, the Netherlands, rendered a decision in a banana case between competitors Chiquita and Fyffes International about a recently…

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