Newsletter November/December 2007
INTELLECTUAL
PROPERTY
The Win-ner Takes It All!
InterVideo Inc. is an American enterprise in the software field.
It has filed the following device mark with the OHIM to have it
registered as a Community trademark for, among other things,
software: WinDVD Creator. The OHIM has tested the registration
against the so-called absolute grounds for refusal, and has reached
the conclusion that the trademark is descriptive for the goods
offered and is (therefore) devoid of any distinctive character.
read more
From Burberry's to G-Star
On 20 September 2007 the European Court of Justice
("ECJ") rendered judgment in the G Star case, in which
the Dutch Supreme Court had posed questions on the admissibility of
shape marks. It appears from the answer that the ECJ has little
consideration for earlier Benelux case law in this respect. The
familiar Burberry's I must be shelved.
read more
Scope of Protection of a Descriptive Trade Name (Medi
Lease/Medlease)
Medi Lease engages in the letting and leasing of
medical equipment. It thinks that Econocom infringes its trademark
and trade name rights by using the term "Medlease".
Econocom disagrees and argues that the term Medi Lease is purely
descriptive, so that Medi Lease has no right to any protection.
What was the judgment of the Court of first instance in preliminary
relief proceedings and of the Court of Appeal?
read more
EMPLOYMENT
Works Council Must Carefully Formulate its
Advice
In a judgment dated 17 August 2007, the Enterprise Section of the
Amsterdam Court of Appeal ruled that the Works Council
("OR") did not formulate any objections against the
intended decision. This means that the entrepreneur was free to
take the presented decision. The decision of the entrepreneur was
therefore not manifestly unreasonable.
read more
EU and COMPETITION
ANTI-TRUST
Amendment Competition Act Leads to Extension of Powers of the
NMa
On 1 October 2007 the Dutch Competition Act (Mededingingswet,
"Mw") was amended. The amendments were made in order to
enhance the effectiveness of enforcement by the Dutch Competition
Authority (the NMa) and to harmonize the Mw with European
regulations. The NMa has been given several new and forceful powers
of investigation and enforcement.
read more
PRIVACY
The Publication of Personal Data on the Internet
The publication of personal data on the Internet. The Dutch Data
Protection Authority publishes guidelines in order to determine
whether the publication is lawful. What are the consequences of
these guidelines in practice?
read more
Should you not wish to receive this newsletter, or if you have a
question or would like more information, please send an e-mail to
info@kvdl.nl.
View our profile
