Latest news

Now in the Netherlands, too: illegal downloads

14/04/2014

Until Thursday 10 April ‘illegal downloads’ did not exist in the Netherlands. Anyone could legally download music, films and books without incurring a sanction. On 10 April, however, the European Court ruled that the download ban would take effect in the Netherlands without delay.

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NLO Shieldmark is voted ‘Benelux Trademark Prosecution Firm of the Year 2014’

20/03/2014

NLO Shieldmark is proud to have been voted ‘Benelux Trademark Prosecution Firm of the Year 2014’ by the highly respected Managing IP magazine.

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EU Member States to review the revised Rules of Proceedings of the UPC

07/03/2014

The 16th version of the draft Rules of Procedure of the Unified Patent Court has been published on the website of the Preparatory Committee of the Unified Patent Court.

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(Fashion) Design law

04/03/2014

The District Court of The Hague recently issued a judgement in a case involving the well-known clothing brand O’Neill and the Scandinavian clothing manufacturer L-Fashion. The subject: the design of a ski jacket.

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Candy Crash

04/03/2014

An announcement recently appeared about app developer King, famous for the popular Candy Crush Saga game, which produced an indignant reaction from fellow developers. King had applied for a trademark for the name CANDY.

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The position of placement trademarks

04/03/2014

We know that words and logos can be protected under trademark law. Less familiar examples of trademarks which can be successfully protected are ‘exotic’ trademarks like colours, shapes, sounds and movements. But can placement on a product also be protected under trademark law? The answer is yes. Famous examples of placements are the tab on the back of Levi jeans or the red sole under Louboutin designer shoes.

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Wendy’s now

04/03/2014

In 2012 this newsletter reviewed the legal proceedings relating to the American hamburger chain ‘Wendy’s’. Here is an update to the case, which was escalated to the very highest court, the Supreme Court.

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‘De Smaak Van’.. trade name and domain name

04/03/2014

“De Smaak Van” is the trade name of a company based in Almelo, which has been in business since 2007. The company has launched legal proceedings at the District Court of Overijssel against the trade name “De smaak van Twente”. Both companies are engaged in culinary activities. The plaintiff has already established that there is a risk of confusion among the public.

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Fee changes at the European Patent Office as of April 1, 2014

21/02/2014

As of April 1, 2014, the European Patent Office (EPO) will implement several fee changes. Most fees will be increased with an amount of around 4 to 5%. However, there are several exceptions. For example the fee for a (supplementary) European novelty search will increase by 10% from € 1165,- to € 1285,-.

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UPC PrepCom Issues Statement and opens the debate on the opt-out clause

06/02/2014

After months of relative silence, the Preparatory Committee (PrepCom) charged with overseeing the setting up of the new Unified Patent Court (UPC) has issued an “Interpretative Note” (http://www.unified-patent-court.org/news ) regarding Article 83 of the UPC Agreement. This article is concerned with transitional provisions and has already been extensively criticized for its lack of clarity and possible loopholes. It allows for holders of traditional European Patents (EP) to opt-out of the exclusive jurisdiction of the new court during a transitional period of at least 7 years.

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