Region: Netherlands

Court finds no likelihood of confusion between SINA and SITA

The court of first instance has refused to grant an injunction against the sign SINA, finding no risk of confusion or association with the word mark SITA. Both marks were registered for rice sold in Middle-Eastern supermarkets or restaurants. The court held that the relevant public would be able to distinguish that ‘Sina’ is the name of a well-known Islamic scholar and philosopher, whereas ‘Sita’ is a girl’s name.

27 November 2017

Decision under '.nl' Dispute Resolution Regulations show that UDRP precedents serve as important source of reference

In a recent domain name dispute before WIPO, a German toy manufacturer has obtained the transfer of a ‘.nl’ domain name identically reproducing its trademark under the Dispute Resolution Regulations for ‘.nl’ Domain Names. The decision shows that, whilst many ccTLDs have adopted their own domain name dispute resolution policies, UDRP precedents and principles are an important source of reference.

11 April 2017

How online monitoring can support offline investigations

Featured in Online Brand Enforcement 2017

Many brand protection strategies still focus on bulk seizures, customs training and border protection. However, success depends on protecting your company against online counterfeiting and piracy in a way that fits the realities of the digital age.

07 February 2017

The battle of Porsche versus [email protected]

The District Court of The Hague has rendered a judgment in a case brought by Porsche against an unnamed individual. Both parties had met previously in court in 2012, when it was ruled that the defendant had filed a trademark application for the word PORSCHE in bad faith.

17 January 2017

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

03 October 2016

Dramatic shift in Benelux trademark landscape sees lines blurring between law firms and agencies

This week, the <i>WTR 1000</i> research team looks at the blurring line between law firms and trademark agencies in the Benelux jurisdictions in recent years. A number of factors account for the significant changes in the relationship between these two sets of service-providers. However, the map has not yet been redrawn and the old specialisations may prove more resilient than one might assume.

29 July 2016

Preliminary injunctions: a comparative global overview

Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions

29 April 2016

How online monitoring can support offline investigations

Featured in Online Brand Enforcement 2016

Many brand protection strategies still focus on bulk seizures, customs training and border protection. However, success depends on protecting your company against online counterfeiting and piracy in a way that fits the realities of the digital age.

04 February 2016

Netherlands

Featured in Anti-counterfeiting 2015 – A Global Guide

The Dutch legal framework is a mixture of criminal law and civil law, and comprises: EU legislation; national substantive legislation; and national procedural legislation. In case of conflict between national and supranational law, the latter always prevails.

08 May 2015

Rotterdam District Court holds that Spirits does not own Benelux vodka marks

The Rotterdam District Court has held that Spirits International had never legally acquired three Benelux marks for vodka, which were originally registered in the name of a Soviet state enterprise. Spirits claimed that it had legally acquired these registrations following the fall of the Soviet Union, but plaintiff FKP, which acted on behalf of the Russian Federation, argued that the marks had been unlawfully taken from the Russian state.

14 April 2015

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