11 Apr, 2024 Museum shows collection online: digital collections and copyright infringement By Luna Snellenberg Museums regularly publish copyrighted works online. If the museum itself is not a copyright holder (and the copyright has not lapsed), a...
11 Apr, 2024 Old or new By Moïra Truijens Rihanna was SO happy with her gorgeous new sneakers and her new position as the new Creative Designer at Puma, that in December 2014, she...
10 Apr, 2024 What if you hide a green claim in a brand? By Maarten Haak Many companies want to make it clear that a product has a positive effect on the environment, or no effect at all. Or that it is less...
10 Apr, 2024 Black trim with yellow stitching only distinctive for dark boots By Mathijs Peijnenburg Dr. Martens' black boots with striking yellow stitching have been a staple of the fashion world since the 1960s. Initially intended as a...
15 Dec, 2023 Deepfakes: the legal risks By Lisa Peek The Dutch politician Caroline van der Plas proclaiming the weather forecast, the author Maarten van Rossum dancing to "I'm too sexy" and...
15 Dec, 2023 A valid position mark for sneakers By Maarten Haak Position marks for decorative elements on footwear tend to be refused due to a lack of distinctiveness (art. 7 (1)(b) of the EUTMR)....
14 Dec, 2023 Jiskefet encyclopedia remains sticker-free By Mathijs Peijnenburg We previously wrote about the dispute between the creators of the wellknown Dutch satire group ‘Jiskefet’ and the author of the Jiskefet...
14 Dec, 2023 About copyright on a table By Moïra Truijens The Court of Justice has received questions from the Swedish court about copyright on a table (see photo). A work of applied art to be...
12 Dec, 2023 Copyright meets ad agencies using (generative) artificial intelligence By Daniël Haije Using ChatGPT, Midjourney, Dall-E 2, Stable Diffusion and other AI applications in the production of advertising campaigns is super...
12 Dec, 2023 Louboutin-Amazon decision does not apply to ordinary market places By Moïra Truijens Mathijs Peijnenburg Fruugo is an ordinary online marketplace: retailers upload and sell their own products on Fruugo, while Fruugo does not sell goods...
23 Nov, 2023 The importance of an IP indemnification clause in procurement contracts By Luna Snellenberg What can a distributor do if the purchased products turn out to be infringing third-party IP rights? Can the distributor recover damages...
23 Nov, 2023 Right to obtain a copy of personal data: CJEU explains By Lisa Peek Under Article 15(3) GDPR, you can request a "copy" of your processed personal data. The CJEU explains in Case C-487/21 what such a copy...