Apr 2017

Here are some recent highlights of matters handled by Hofhuis Alkema Groen and other things we do.

Mar 2017

Lecture BMM

Arnout Groen lectured about recent case law on trademarks and designs at the annual spring conference of the Benelux Association of Trademark and Design Law.

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Mar 2017

Home Copying system unlawful

The District Court held that the Dutch Home Copying system in the years 2007-2012 was unlawful and in breach with EU Law and raised questions to the Supreme Court.

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Feb 2017

Case comment on parallel import

Jesse Hofhuis published a case comment on IE-forum on a decision of the The Hague District Court on a parallel import matter between Bacardi and Seva.

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Feb 2017

Producer wins case against SENA

Neighbouring rights organization SENA is ordered to pay remunerations on the basis of fingerprinting data leading to an after claim for 55 million seconds of music.

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Jan 2017

New Edition IP Handbook Kort Begrip

The 12th edition of the leading handbook on IP in The Netherlands “Kort begrip van het Intellectuele Eigendomsrecht”, co-authored by Adonna Alkema, is available.

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Jan 2017

Overview ECJ case law 2016

Hofhuis Alkema Groen published its second annual comprehensive overview of the case law of the ECJ in 2016 on intellectual property, marketing and media law.

Dec 2016

Boardmember BIE

As per December 2016, Adonna Alkema is one of the members of the editorial staff of the BIE magazine (Berichten Industriele Eigendom).

Dec 2016

Article BIE

Adonna Alkema published a case comment in the BIE magazine (Berichten Industriele Eigendom) on the ECJ Simba Toys/Seven Towns judgement.

Nov 2016

Dietician Sonja Bakker wins case

The court dismissed the copyright claim of a competitor of the famous dietician Sonja Bakker on account of the differing overall impression of the diet books concerned.

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Nov 2016

Lecture copyright

Adonna Alkema lectured lawyers and legal counsels about recent case law of the ECJ on copyright issues at the University of Leiden.

Oct 2016

Union IP Round Table

On 28 October, Jesse lectured at the Union IP Round Table on B&W marks versus Marks using color.

Oct 2016

Day of the Design Protection

At the initiative of Jesse Hofhuis, in October 2016 the Day of the Design Protection, sponsored by SDU, took place. Jesse lectured on the burden of proof in look a likes disputes.

Sep 2016

Playboy case back to Supreme Court

The ECJ has clarified that the posting of a hyperlink to unauthorised content protected by copyright and hosted by a third party may result in copyright infringement.

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Sep 2016

Provider bound by Code of Conduct

A foreign content provider is bound by the Dutch Code of Conduct on Mobile Internet Services. The enforcement procedure of the Code is fair and not in breach with competition law.

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Jul 2016

Tinkebell wins case

The statements of the Dutch artist Tinkebell had been displayed by the broadcaster incorrectly and out of context.

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Jun 2016

No jurisdiction Dutch court

No jurisdiction for the Dutch court in summary proceedings because of a US arbitration clause in a licence agreement. A claim for compensation of damages does not qualify as an ‘interim measure’.

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Apr 2016

Overview on Trademark Package

Arnout Groen was one of the authors of the extensive overview in BMM Bulletin on the implications of the new EU trademark Directive and Regulation.

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Apr 2016

Preliminary questions home copy levies

In a matter brought by Imation, the The Hague District Court announced raising questions to the Supreme Court whether only end-users can claim repayment of unlawful home copying levies.

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Mar 2016

Judgement PR Aviation/Ryanair

The Supreme Court followed the ECJ: the Database directive does not preclude Ryanair from laying down contractual limitations on the use of it’s website by third parties (without prejudice to the applicable national law).

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Mar 2016

Disclosing identity permitted

Bestseller publication on the Dutch detective force by former police investigator is not unlawful, in spite of disclosure of identity of trickster.

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Mar 2016

ECJ questions on Louboutin’s red sole

The District court in The Hague raised a question before the ECJ on whether the famous red sole trademark can be considered to merely consist of a shape that gives substantial value to the goods.

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Mar 2016

Debate at AIPPI conference

Adonna Alkema was one of the panelists at the annual conference of the Dutch AIPPI, on the importance of economic reality for trademark law.

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Nov 2015

Moderator at MARQUES session

Jesse Hofhuis was moderator of the BOIP presentation on its decision taking process, at the Meet the Judges session in The Netherlands.

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Nov 2015

No termination of publishing contracts

Publisher wins appeal in dispute with author regarding the termination of publishing contracts, including claim for damages resulting from unlawful termination of negotiations.

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Nov 2015

Lecture at BMM conference

Adonna Alkema lectured on collective marks and certification marks at the annual conference of the Benelux Association of Trademark and Design Law (BMM).

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Oct 2015

Otto not bound to sell TVs

Webshop Otto was not bound to deliver to a group of consumers that ordered TV's that were offered for a low but incorrect price.

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Aug 2015

Appeal of Consumer Authority dismissed

The ACM was unsuccessfull in its appeal before the Trade and Industry Appeals Tribunal in an attempt te reverse the decimation of the highest fine in its history for misleading consumer information.

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Jun 2015

Article in NRC Handelsblad

The national newspaper reported on a client’s victory against the infringement of its copyrights in an app by its former programmer.

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Mar 2015

Cover article in nrc.next

The national news paper extensively commented on the clients victory against the alleged copying of Saskia Noort's success thriller 'De Eetclub'.

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Dec 2014

No infringement of popular thriller

The District Court of Utrecht denied the claims of author Saskia Noort that 'Het reservaat' contained copies of 29 fragments and the story line of her thriller 'De Eetclub'.

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Nov 2014

Lecture on trademark revocation

Arnout Groen lectured at the16th annual Benelux Trademark Conference on trademark revocation, inter alia discussing the latest case law and best practices.

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Nov 2014

Case comment on Advertising Law

Adonna Alkema published a case comment in IP and advertisement magazine IER, on a decision of the Advertising Code Committee on a TV commercial for Amstel Radler 0.0%.

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Nov 2014

Interview in Elsevier

Jesse Hofhuis was interviewed by Dutch language magazine Elsevier on the rise of top-end boutique law firms in The Netherlands.

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Nov 2014

Lecture on internet marketing

On 11 November, Adonna Alkema lectured on the legal aspects of marketing on the internet, for the Centre for Post Academic Education of Nijmegen University.

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Jul 2014

New Edition IP Handbook Kort Begrip

The 11th edition of the leading handbook on IP in The Netherlands “Kort begrip van het Intellectuele Eigendomsrecht”, co-authored by Adonna Alkema, is available now.

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Apr 2014

Ownership of know-how denied

In a matter pertaining to know how to snack production lines, the Court in Noord-Holland denied all claims, inter alia as the plaintiff was not considered to be the right holder.

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Apr 2014

Loss for Dutch State in Acer-case

The Court of Appeals denied a motion by the State to be admitted in proceedings between Acer and De Thuiskopie about the payment of private copying levies.

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Mar 2014

Chair at conference on 3D printing

Jesse Hofhuis was the chair at the spring conference of the Benelux Association for Trademarks and Designs, dedicated to the future of IP, including 3D printing.

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Mar 2014

FIAR wins at Supreme Court

FIAR, Dexxon and Imation are permitted to join in proceedings where De Thuiskopie claims €600,000,000 from the State for not having a hardware levy in 2007-2012.

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Feb 2014

Spruit wins case over name

The Utrecht Court ruled that defendant’s use of the name “Spruitt” infringes the client’s rights on the trade names "Spruit in Company".

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Jan 2014

Annual pleading course

On 23 and 24 January, Hofhuis Alkema Groen hosted its annual two-day pleading course for a selected group of law students of various universities in The Netherlands.

Nov 2013

Acer / De Thuiskopie

The Court in The Hague held that Acer only has to pay half of the private copying levies while awaiting the outcome of proceedings initiated by the hardware industry.

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Oct 2013

National Copyright Conference

At the annual National Copyright Conference, Adonna Alkema lectured on Copyright protection for product design, in light of recent ECJ case law.

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Jul 2013

B.Loved / Yehwang

Fashion producer B.Loved obtains an injunction against infringement of copyright in the design of its ZigZag scarves.

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Jul 2013

Injunction in Louboutin/Van Haren

Christian Louboutin was succesful in his trademark action on the basis of his red sole trademark against a shoe retailer, Van Haren, selling red-soled high heels.

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Apr 2013

Interview for NRC Handelsblad

Arnout Groen was interviewed about implications of the referral of Pictoright / Allposters to the ECJ for the works of American photographer William Eggleston.

Jan 2013

Annual pleading course

Hofhuis Alkema Groen hosted its annual two-day pleading course for a selected group of information law students from universities in the Netherlands.

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Dec 2012

Buma/Heinz – ‘Het Hagelt’

On behalf of CMO Buma/Stemra and author Marijke Philips an injunction was obtained against the use by Venz (Heinz) of its infamous promotional song.

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Nov 2012

Case comment on TMG/NOS, Mediaforum

Arnout Groen co-authored an article on an Amsterdam judgment where it was held that non-original text protection of TV-listings is in conformity with EU law.

Aug 2012

Terms of Use for Europeana

Hofhuis Alkema Groen drafted the terms of use for Europeana, a virtual library providing access to over 23 million digital objects from more than 2,200 cultural institutions.

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Jun 2012

Pharma Nord wins appeal

Pharma Nord wins the appeal it lodged against the decision of the Netherlands Advertising Code Committee on the use of health claims in advertising.

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May 2012

PR Aviation wins against Ryanair

The Court of Appeals in The Hague ruled that product comparison site PR Aviation was a lawful user by making normal use of Ryanair’s online product information.

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Apr 2012

Article on the genericide of trademarks

Arnout Groen published an article on ‘genericide' of trademarks for the magazine of the Benelux Association for Trademarks and Design Law (BMM Bulletin).

Apr 2012

Fine reduced by over half a million

The Court in Rotterdam reduced the fine imposed by the Consumers Authority on mobile content provider Artiq Mobile for violations of consumer laws by € 600,000.

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Mar 2012

Lectures at Dutch AIPPI

Arnout Groen and Jesse Hofhuis both were panellists at the annual meeting of the Dutch AIPPI, debating on “3D trademarks” and “Internet Intermediary Liability” respectively.

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Mar 2012

Full name reference permitted

The Court in Amsterdam ruled that publication of “Joep!” by publisher Prometheus was not unlawful, in spite of the full name reference to a suspect of fraud.

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