Here are some recent highlights of matters handled by Hofhuis Alkema Groen and other things we do.
Here are some recent highlights of matters handled by Hofhuis Alkema Groen and other things we do.
A victory for our client Louboutin in Luxembourg: according to the ECJ a mark consisting of a colour applied to the sole of a shoe is not covered by the prohibition of the registration of esthetic shapes since a colour is not a shape.
Adonna Alkema held a panel discussion during the Benelux Office’s seminar on the cancellation procedure and the new powers of the Benelux Court of Appeal.Read more
Arnout Groen was one of the speakers at the annual conference of the Dutch AIPPI, on moral rights of authors.Read more
Jesse Hofhuis represented the interests of Christian Louboutin SAS before the 15 member ECJ chamber, on the validity of the famous red sole.Read more
The Hague District Court dismissed Moët Hennessy’s interpretation of a disclosure order, by limiting it to only a fraction of the contested goods.Read more
At the annual SDU day for product design, Jesse Hofhuis lectured on the preceding year’s case law on all aspects of design protection.Read more
Jesse Hofhuis chaired a session on non-trade mark protection of corporate identity and advertisement properties in a variety of jurisdictions.Read more
The Hague District Court considered bottles Moët&Chandon and Hennessy to be exhausted after delivery on EU soil for resale in Africa.Read more
The higher court in The Hague confirms that mentioning the name and publishing a picture of one of the main characters of the book is lawful.Read more
The AG advises that the absolute ground for refusal/invalidity of ‘functional’ signs potentially applies to ‘shape and colour marks’.Read more
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.Read more
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.Read more
In order to continue its renovation plans, Naturalis publicly apologized to its original architect and paid a non-profit foundation a handsome sum.Read more
The moral rights of the museums’ original architect were ground to stall the ongoing building process with immediate effect.Read more
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.Read more
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.Read more
The major refurbishment of Dutch natural history museum Naturalis is found to be infringing the moral rights of the original building’s architect, Fons Verheijen.Read more
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.Read more
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.Read more
As per December 2016, Adonna Alkema is one of the members of the editorial staff of the BIE magazine (Berichten Industriele Eigendom).
Adonna Alkema published a case comment in the BIE magazine (Berichten Industriele Eigendom) on the ECJ Simba Toys/Seven Towns judgement.Read more
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.Read more
Adonna Alkema lectured lawyers and legal counsels about recent case law of the ECJ on copyright issues at the University of Leiden.Read more
The Dutch bedroom furniture shop Beter Bed wins case before the Dutch Advertising Code Committee regarding a sales promotion campaign “buy 2, get 1 free”.Read more
On 28 October, Jesse lectured at the Union IP Round Table on B&W marks versus Marks using color.Read more
Adonna published a case comment in the BIE magazine on a decision regarding the distinctiveness of tradenames.Read more
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.
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.Read more
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.Read more
The statements of the Dutch artist Tinkebell had been displayed by the broadcaster incorrectly and out of context.Read more
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’.Read more
Adonna Alkema's article on new EU legislation on collective and certification marks was published in BMM Bulletin, the Benelux trademarks and designs journal.Read more
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.Read more
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.Read more
Omega Pharma unsuccessfully invoked its WARTNER mark for wart removal products against registration of WORTIE as EUTM for identical goods.Read more
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).Read more
Bestseller publication on the Dutch detective force by former police investigator is not unlawful, in spite of disclosure of identity of trickster.Read more
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.
Adonna Alkema was one of the panelists at the annual conference of the Dutch AIPPI, on the importance of economic reality for trademark law.Read more
Hofhuis Alkema Groen published its first annual comprehensive overview of ECJ case law on intellectual property, marketing and media law.Read more
Jesse Hofhuis was moderator of the BOIP presentation on its decision taking process, at the Meet the Judges session in The Netherlands.Read more
Publisher wins appeal in dispute with author regarding the termination of publishing contracts, including claim for damages resulting from unlawful termination of negotiations.Read more
Adonna Alkema lectured on collective marks and certification marks at the annual conference of the Benelux Association of Trademark and Design Law (BMM).Read more
The OHIM Board of Appeals concludes that Netherlands company Baidu was unaware of the existence of the world's second biggest search engine, Baidu.Read more
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.Read more
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.Read more
Upon referral of the The Hague Court of Appeals, the ECJ finds that non-exhausted goods under duty suspension arrangement infringe trademark rights.Read more
The national newspaper reported on a client’s victory against the infringement of its copyrights in an app by its former programmer.Read more
The The Hague Court found the basic design of an app for use by kindergardens to be copyright protected and prohibited further use by programmer.Read more
Copyright watchdog BREIN took down Dutch Release Team, the largest ‘release group’ of illegally uploaded audiovisual content in the Netherlands.Read more
The Supreme Court raised preliminary questions on whether hyperlinking may qualify as communication to the public in the sense of article 3(1) of the Copyright Directive.Read more
The District court in The Hague announced that it intends to raise questions before the ECJ on whether the famous red sole trademark can be considered to merely consist of a shape.Read more
The national news paper extensively commented on the clients victory against the alleged copying of Saskia Noort's success thriller 'De Eetclub'.Read more
Fons Verheijen announced to commence proceedings against museum Naturalis, in order to prevent a make-over of a building he designed.
The ECJ ruled that the Database Directive is not applicable to databases that are not protected by copyrights or the sui gereris right.Read more
The court in The Hague found that the State breached the prohibition of arbitrariness towards the hardware industry when it established the home copying levies.Read more
Adonna Alkema was one of the panellists on lookalike protection in four different EU Member States, at the C5 Trade Mark Litigation Forum in Brussels.Read more
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'.Read more
The Court of Appeals in Amsterdam found the use of technical drawings for the production of snack products not to be infringing towards the alleged designer.Read more
Arnout Groen lectured at the16th annual Benelux Trademark Conference on trademark revocation, inter alia discussing the latest case law and best practices.Read more
The court of appeals in Brussels upheld the validity of Louboutin's red sole trademark and ordered an injuction against all red soled high heels of Van Dalen.Read more
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%.Read more
Jesse Hofhuis was interviewed by Dutch language magazine Elsevier on the rise of top-end boutique law firms in The Netherlands.Read more
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.Read more
Hofhuis Alkema Groen represented publisher Sanoma and Playboy before the Supreme Court, on the legal implications of hyperlinking to illegally published content.Read more
Following an order by the Supreme Court, the Court of Appeals ruled that the hardware industry are allowed to join proceedings over private copying levies in 2007-2012.Read more
Adonna Alkema co-authored commentary to the penal articles of the Copyright Act in reference work ‘Intellectuele Eigendom, Artikelsgewijs commentaar’.
The Court of appeals rendered judgment, holding that the importing and selling of decoded goods under customs suspension arrangements is not unlawful per se.Read more
At the request of the Netherlands Society of Journalists (NVJ), Arnout Groen lectured on aspects of copyright law that are of specific importance for architects.Read more
In ex parte injunction proceedings, BREIN obtained an immediate injunction against the hosting of over 12 infringing BitTorrent websites.Read more
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.Read more
The Court of Appeals raised preliminary questions before the ECJ on the transit of non-exhausted trademark protected goods under excise suspension arrangements.Read more
The Court of Appeals denied appellant’s claim against publisher Prometheus, as no damages were suffered by the mentioning of his full name as a suspect of fraud.Read more
Arnout Groen participated as a panellist at the UNION IP Conference in Berlin and lextured on the protection for design that is not protected by registered IP rights.Read more
Pharma Nord wins case before Netherlands Advertising Code Committee (DACC) regarding a television commercial for a health product.Read more
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.Read more
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.Read more
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.Read more
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.Read more
The Utrecht Court ruled that defendant’s use of the name “Spruitt” infringes the client’s rights on the trade names "Spruit in Company".Read more
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.
The Supreme Court ruled that the century-old Dutch protection for non-original writings breaches EU law and raised preliminary questions on the Database Directive.Read more
Adonna Alkema lectured on legal issues relating to internet marketing, advertising, distance sales through web shops and the new ‘cookie law’.Read more
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.Read more
At the annual National Copyright Conference, Adonna Alkema lectured on Copyright protection for product design, in light of recent ECJ case law.Read more
Arnout Groen chaired the annual conference (“Dag van IE en Internet 2013”) and lectured on database law, copyright law and tort in an online environment.Read more
Fashion producer B.Loved obtains an injunction against infringement of copyright in the design of its ZigZag scarves.Read more
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.Read more
Software producer Informa was successful in its claim that an executive board member of its former distributor was liable in person for distributing illegal copies of its software.Read more
Global trading house Van Caem was admitted to join proceedings where the Court of Appeals announced to raise questions before the ECJ.Read more
In favour of client PR Aviation, Advocate-General Verkade advised the Supreme Court to dismiss Ryanair’s appeal and refer the case to the ECJ.Read more
Arnout Groen was interviewed about implications of the referral of Pictoright / Allposters to the ECJ for the works of American photographer William Eggleston.
Imation was successfull in its claim that that the indiscriminate application of private copying levies on consumer and professional products is not binding.Read more
Hofhuis Alkema Groen hosted its annual two-day pleading course for a selected group of information law students from universities in the Netherlands.Read more
Adonna Alkema and Douwe Groenveld (De Brauw) teached the advanced course on IP & Competition Law for legal professionals.Read more
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.Read more
On behalf of the hardware industry, Hofhuis Alkema Groen involved the State of the Netherlands in proceedings aimed at limiting home copying levies on hardware media.Read more
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.
Arnout Groen chaired the Dutch working group on the interplay between design and copyright protection for industrial products, in preparation of the AIPPI conference.Read more
Arnout Groen drafted the Netherlands contribution for the 2012 Kyoto ALAI Conference,on the subject of copyrights to content in the cloud.Read more
Pharma Nord wins the appeal it lodged against the decision of the Netherlands Advertising Code Committee on the use of health claims in advertising.Read more
At a DenkProducties seminar, Adonna Alkema lectured on the thin line between fair and unfair competition in (comparative) advertising and coat-tail riding.Read more
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.Read more
Arnout Groen chaired the conference and spoke on the (im)possibilities of online content protection in the light of recent ECJ-judgments.Read more
Arnout Groen published an article on ‘genericide' of trademarks for the magazine of the Benelux Association for Trademarks and Design Law (BMM Bulletin).
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.Read more
At the spring meeting of the Benelux Association for Trademarks and Designs, Arnout Groen lectured on the protection of product design under copyright law.Read more
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.Read more
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.Read more
Adonna Alkema lectured on the new generic top-level domains, including the application process, brand protection, infringement and dispute resolution.Read more
Arnout Groen spoke on “the right to make available to the public”, discussing the implication of the Airfield decision by the ECJ.Read more
The 10th edition of the leading handbook on IP in The Netherlands Kort begrip van het Intellectuele Eigendomsrecht, co-authored by Adonna Alkema is published.Read more
Hofhuis Alkema Groen heeft zich in een paar jaar tijd gevestigd bij de top van de markt in het merken- en auteursrecht. Om die plek waar te blijven maken, zoeken wij mensen die met dezelfde toewijding ons mooie vak willen uitoefenen.
Wij vragen veel.
Niet zozeer in uren of omzet, maar wel in strategisch inzicht, intelligentie en gevoel voor de finesses van het vak. Bovendien moet je de gedrevenheid hebben je te blijven verbeteren en de materie beter te begrijpen dan anderen voor mogelijk houden.
Wij geven ook veel.
De mogelijkheid te werken aan de mooiste zaken in ons vak, in een vriendelijke en prachtige werk-omgeving, waar medewerkers de ruimte krijgen door te groeien – tot de top.
Voor vragen kun je contact opnemen met Judith de Snoo
T: 06-42 24 04 01