Region: Netherlands

A “spectacular outcome” for H&M as Dutch Supreme Court rules in decades-long dispute with adidas

The Dutch Supreme Court has rejected an appeal by adidas, ending a decades-long dispute with H&M Hennes & Mauritz over its use of a two-stripe mark.

11 October 2021

The BIBBY case: bad faith and bad karma

Samsung has prevailed in a dispute with EBB Development, owned by notorious trademark filer Michael Gleissner, with the Court of Appeal of the Hague ruling that EBB had acted in bad faith when applying for the Benelux trademark BIBBY.

01 September 2021

Exclusive roundtable – how four leading IP offices are cracking down on scams and fraudulent activity

Scams targeting trademark owners are fast becoming commonplace and increasingly sophisticated. Four leading IP offices share their insights on which scams are most prevalent, what you can do to stay safe, the resources on offer to help and how offices are collaborating across borders to fight fraudsters.

05 August 2021

Jurisdictional perspective: Benelux

Featured in Special Report 2021 Q1: The rise of mass filers and register clutter

Two trademark experts in the Netherlands – Turnstone attorney Michiel Haegens and Leeway attorney at law Jos Klaus – reflect on the impact of Gleissner’s activities on the Benelux IP ecosystem.

08 April 2021

Supreme Court: no additional circumstances required in the assessment of descriptive trade names

In this dispute between British cheese manufacturer Dairy Partners and Dutch dairy company DOC Dairy Partners, the Dutch Supreme Court has put an end to longstanding uncertainty concerning the protection of descriptive trade names.

31 March 2021

Innovation at the Benelux IP Office: spotlight on cutting-edge tools and services

In an exclusive guest post, the Benelux IP Office reveals its innovative non-core tools and services for trademark users – and some of those planned for the future.

09 March 2021

The problem with likelihood of confusion: why EU trademark law should rely less on ‘real consumers’

A new study analysing trademark infringement cases in the European Union has found that third parties are “being forced to use less effective trademarks” due to an imbalance in EU trademark law.

06 October 2020

‘Sea of reptiles’ found to infringe Lacoste’s crocodile mark

Lacoste’s success on appeal in this case demonstrates the importance of market surveys to show a likelihood of confusion.

24 September 2020

Complainant gets a grilling under ‘.nl’ regulations

In a recent decision under the Dispute Resolution Regulations for ‘.nl’ Domain Names, a WIPO panel has found that the dispute involved complex contractual considerations outside of the scope of the regulations, which were intended to deal with clear-cut abuse.

06 May 2020

adidas v H&M: H&M did not cross the line with its two-stripe sign

Following a 23-year-long trademark dispute between adidas and H&M, the Court of Appeal of The Hague has ruled that H&M’s use of a specific two-stripe sign on its sports clothing did not infringe adidas’s three-stripe mark.

31 March 2020

Get unlimited access to all WTR content