Intellectual Property

“The Intellectual Property team has the appropriate knowledge to assist you. ”

Whether you need help with the provision of licenses or in legal proceedings based on trademark infringement, the Intellectual Property team of Kennedy Van der Laan has the appropriate knowledge to assist you. We can also help if you are confronted with counterfeit products or data piracy. The team is active in the following fields:

  • Protection and defense of patents
  • Protection of know-how and trade secrets
  • Licenses
  • Research into collaborations
  • Copyrights
  • Trade names
  • Trademarks
  • Models
  • Domain names
  • Database rights
  • Image rights
  • Advertising and marketing campaigns

Competition and Intellectual Property

The Intellectual Property team collaborates closely with the Competition Team of Kennedy Van der Laan, so as to ensure that each expertise will offer a strategic approach of related matters in the fields of competition and intellectual property.

The team provides advice and litigation about the IP rights of clients in the technology, retail, media and banking and finance sectors.

Chambers Global 2014 – Intellectual Property

Alfred Meijboom is a founding partner of the firm, and advises on a wide range of IP, IT and sports matters. He recently represented C&A in litigation brought by G-STAR alleging that C&A’s DSTR clothing line infringed G-STAR’s trade mark.

Trade mark expert Maarten Schut is praised by clients for his measured approach to disputes: “He is very practical and understands that settling is sometimes the best strategic option.” His recent highlights include advising the National Institute for Public Health & Environment, RIVM, on IP issues arising from international co-operation contracts with vaccine producers in India, China and South Korea.

Chambers Europe 2014 – Intellectual Property

What the team is known for Handles complex advisory and contentious mandates within the fashion, technology, life sciences, media and publishing sectors. Notable strength in trade mark and copyright law.

Work highlights Instructed by Nike on a number of sports marketing mandates. These included proceedings concerning Nike’s sponsorship contracts with various well-known international athletes.

Notable practitioners Alfred Meijboom is a founding partner of the firm, and advises on a wide range of IP, IT and sports matters. He recently represented C&A in litigation brought by G-STAR alleging that C&A’s DSTR clothing line infringed G-STAR’s trade mark.

Trade mark expert Maarten Schut is praised by clients for his measured approach to disputes: “He is very practical and understands that settling is sometimes the best strategic option.” His recent highlights include advising the National Institute for Public Health & Environment, RIVM, on IP issues arising from international co-operation contracts with vaccine producers in India, China and South Korea.

Significant clients Endemol, FremantleMedia, Mexx, Microsoft, Orange.

Legal 500 EMEA 2014 – Intellectual Property

Kennedy Van der Laan recently represented Converse in anti-counterfeiting litigation and defended Telegraaf Media Group against IP rights claims regarding its publication of TV programme listings. Alfred Meijboom heads the team. Maarten Schut has ‘a very in-depth, analytical approach yet is also very pragmatic’.

Better Security: Quicker Liability

Cyber crime and cyber security are so closely connected that they almost seem like lovers. Reality, however, is less romantic. Criminals are finding...

16 december 2014 

Kennedy Van der Laan launches Customized Alliance

The new European legal solution for multinationals With Nike as first launch customer, top 20 Dutch law firm Kennedy Van der Laan launches...

05 march 2014 

Scope of Protection of High Chair Is Too Small for Copyright Infringement

Recently, the Dutch Supreme Court has thoroughly examined the copyright protection of consumer items, i.e. objects of craftmanship. In two judgments...

14 may 2013 

XS Networks and liability for copyright infringement

XS Networks and liability for copyright infringement District Court The Hague 24 October 2012 (Brein/XS Networks) The Court of The Hague confirmed...

11 march 2013 

European Court of Human Rights: Copyright Enforcement May Be in Conflict with Freedom of Speech

Last month, the European Court of Human Rights (ECtHR) rendered an interesting judgment: Ashby Donald et al. versus France. Three photographers...

19 february 2013 

Software Patents in Real Life: the Right to an Electronic Program Guide

Court of The Hague of 19 December 2012, case number 412028 Despite the fact that the Register of European Patents is full of patents for...

11 january 2013 

Embedding is ‘communication to the public’: Judgment in the Nederland.fm Case

The Court of The Hague rendered an interesting judgment on the question whether the embedding of radio streams on the websites Nederland.fm and Op.fm...

11 january 2013 

BOIP Refuses to Register ‘Allah’ as a Trademark

Introduction The Benelux Office for Intellectual Property (BOIP) has refused (in dutch) to register the Allah sign illustrated as a device mark in...

11 january 2013 

Territorial Borders of Member States Should be Disregarded in Assessment of Genuine Use of a Community Trademark

ECJ, 19 December 2012, case C-149/11 (ONEL/OMEL) Leno registered the Community trademark ONEL in 2002 for advertising and publicity and for legal...

11 january 2013 

The Advertising Code Authority on "Unlimited Everything" and "All Inclusive"

T-Mobile “Unlimited Everything” The first decision of the Dutch Advertising Code Authority ("ACA") concerned a billboard of T Mobile stating...

17 december 2012 

Court Follows Market Research (as an Exception): Red Bull not Used as Trademark for Motorbikes

In trademark cases courts are very reluctant to attach conclusions to market research. It is therefore surprising that in a case between Red Bull...

29 october 2012 

A Mouse-Shaped Chocolate Cannot Be a Trademark: Court of Justice Refuses Registration of Shape Mark Again

The judgment of the Court of Justice of the European Union (CJEU 6 September 2012, case no. C-96/11P, August Storck KG vs. OHIM) followed on a...

25 september 2012 

Interesting Ruling of Court of Appeal Leeuwarden on Use of Visual Quotes

Court of Appeal of Leeuwarden, 10 July 2012, LJN BX0988 (photographer X vs. publisher Y) The Facts The Federation of European Screen Printers...

21 august 2012 

Showing Imam's Portrait in PVV Film ‘Fitna’ Does Not Infringe Image Right

The film ‘Fitna’ that was released by the PVV in 2008 will not have escaped anybody's attention. This certainly goes for Imam Fawaz Jneid, whose...

21 august 2012 

Generic Drug May Not Be Included In G-Standard Before Expiration of Patent

Supreme Court, 22 June 2012 LJN: BW4006 The Dutch Supreme Court has ruled in legal proceedings between Glaxo and Pharmachemie, in which the...

24 july 2012 

From Photo to Logo: What About Image Right and Copyright?

Court of Amsterdam, 5 June 2012: Wasi Malik versus Monta Street GmbH et al. and simultaneously Han Lans Amsterdam B.V. versus Monta Street GmbH et...

27 june 2012 

Community Institutions Must Assume the Validity of National Trademarks

ECJ of the European Union 24 May 2012, Case C-196/11 P (Formula One Licensing/OHIM) Two trademark regimes are known to coexist in the European...

27 june 2012 

Court of Justice of the European Union: Copyright Protection of Computer Programs definitely only Protects Source Code

Court of Justice of the European Union 2 May 2012, C-406/10 (SAS Institute Inc./World Programming Ltd.) The Court of Justice of the European Union...

29 may 2012 

The Hour and Minute of the Trademark Application

The Facts The Spanish company Génesis Seguros, an insurer, uses a hedgehog named “Rizo, el Erizo” (“erizo” is Spanish for “hedgehog”)...

29 may 2012 

Court of Justice EU: no compensation for radio music in waiting room

CJEU 15 March 2012, C-135/10, Del Corso Things are brewing up at the European copyright collection societies, because the Court of Justice of the...

26 april 2012 

EU General Court Prohibits Registration of Brand Name HIJOPUTA

In 2009 Federico Cortés del Valle López registered a figurative mark containing the words ¡Que Buenu Ye! HIJOPUTA to the OHIM. López wanted to...

28 march 2012 

Monopoly Position of De Lotto Not Contrary to EU Law

Supreme Court, 24 February 2012, LJN BT6689 (Ladbrokes/Lotto) A legal struggle of more than 9 years between Ladbrokes and De Lotto has now...

28 march 2012 

European Court Puts Paid to Protection of Writings for Databases in Football Dataco Case

ECJ, 1 March 2012, case C-604/10 (Football Dataco et al. versus Yahoo UK Ltd et al.) Football Dataco organizes annual football leagues in...

28 march 2012 

What Is the Score with AdWords?

Tempur regularly litigates against competitors who are using the designation ‘Tempur’ in their advertising campaigns. When a competitor buys the...

28 february 2012 

The Importance of an Explicit Secrecy Clause in Clinical Trials

European Patent Office, Board of Appeal, 7 July 2007, T 0007/07 (Ethinylestradiol and drospirenone for use as a contraceptive/BAYER PHARMA...

31 january 2012 

Ziggo and XS4ALL Must Block Access to The Pirate Bay

A discussion of the judgment of the Court of The Hague of 11 January 2012 in BREIN/Ziggo-XS4ALL In 2010, BREIN tried to obtain a court order in...

31 january 2012 

Court of The Hague: ‘Forward Link’ is no disclosure either

District Court of The Hague, 2 November 2011, LJN: BU3223 According to established case law, posting a link to infringing content is not copyright...

06 december 2011 

Another Adwords judgment of the European Court of Justice

On 22 September 2011, the European Court of Justice has once again rendered a judgment about the use of Google AdWords consisting of a competitor’s...

28 october 2011 

No Large Scope of Protection for G-Star's Elwood

Dutch Supreme Court, 2 September 2011, G-Star international B.V./ Bestseller Retail Benelux B.V. G-Star´s Elwood jeans were introduced in 1996...

30 september 2011 

Joop Schafthuizen Wins Preliminary Relief Proceedings on Quotes from Unpublished Work of Gerard Reve

Joop Schafthuizen, the life partner of the Dutch author Gerard Reve who died in 2006, is – as his sole heir – the holder of the copyrights to the...

26 july 2011 

Red/White Color Trademarks Invalid but Still a Victory for Ajax

The Court of Amsterdam rendered a judgment on 29 June 2011 between Ajax and a seller of soccer and Amsterdam souvenirs. The hoody zip concerned looks...

26 july 2011 

The Complexity of Series of Trademarks

To the scarce European case law on series of trademarks now the Uniweb judgment has been added. In this judgment the European Court of Justice...

26 july 2011 

European Court of Justice Rules on Advertising for Prescription Drugs

Information on Prescription Drugs The (German branch of) pharmaceutical company MSD Sharp & Dohme GmbH (“MSD”) had posted information on its...

30 june 2011 

Trip to New York, now from……….

A discussion of the judgment of the European Court of Justice dated 12 May 2011 regarding Konsumentombudsman/Ving The European Court of Justice...

30 june 2011 

Legal Review Plesner / Louis Vuitton judgment: Artistic Freedom vs Intellectual Property Rights

It have been exciting weeks for Danish artist Nadia Plesner. Louis Vuitton sued her over the use of a look-a-like Louis Vuitton bag in her artworks....

27 may 2011 

Max Mosley loses case before the ECHR – no pre-notification right for privacy victims

Sex Tape Leads to Struggle About Pre-Notification Right The European Court of Human Rights ("ECHR") has rendered a judgment in the Mosley vs UK...

27 may 2011 

Belgian Court of Appeal: Google News in Conflict with Copyright

A discussion of the judgment of the Court of Appeal in Brussels of 5 May 2011 regarding Google/Copiepresse Just like the lower Belgian court ruled...

27 may 2011 

Developments Games of Chance in the Netherlands

The restrictive Dutch games of chance policy, which gives a limited number of operators like Holland Casino and De Lotto a permanent monopoly based...

29 april 2011 

Government wants to prohibit downloading from illegal sources and targets commercial internet intermediaries

In a ‘Key Objectives Copyright Letter’ (Speerpuntenbrief auteursrecht) the State Secretary Teeven of Safety and Justice has made clear on 11...

29 april 2011 

AdWord Tempur Trade Mark Infringement or Permitted Comparative Advertising?

In the past few years, Google AdWords have caused quite an upheaval in trade mark law. The two highlights Google / Louis Vuitton and...

24 february 2011 

No (Exotic) Protection of a Lapsed Trademark

Benelux Court of Justice of 23 December 2010 (Engels/Daewoo) The Belgian company BVBA D. Engels has been active in the sales of household machines...

27 january 2011 

ECJ Abolishes Copyright Private Copying Levy for Business Market

The copyright exception for private copying has been the topic of much debate in the Netherlands for a long time. The ups and downs of Stichting De...

03 december 2010 

Election of "Footballer of the Year" - An Unfair Commercial Practice?

At the end of December 2007 the Austrian newspaper Österreich organized an election of the “Footballer of the Year”. The public could...

03 december 2010 

No Monopoly for Calvin Klein on Letters CK

Opposition Against CK CREACIONES KENNYA Calvin Klein is one of the best-known producers of luxury clothing and fashion accessories. It owns various...

28 october 2010 

How Will The Government Deal With Ambush Marketing if the World Cup Comes to the Netherlands?

Answers of the Ministers of Financial Affairs, the Interior and Kingdom Relations, Economic Affairs and Justice to the written questions of the...

30 september 2010 

Court of Appeal of The Hague Allows Portrait Right Claim of Turkish Woman

Turkish Party The Turkish woman had been photographed in discotheque 'Now&WoW' at a Turkish dance party. The photo showed the woman recognizably...

30 september 2010 

Judgment in Preliminary Relief Proceedings Brein - Ziggo/XS4ALL: No Blocking of The Pirate Bay

Evaluation of the judgment re Brein vs. Ziggo/XS4ALL dated 19 July 2010. On 19 July 2010 the Court of The Hague rendered a judgment (in Dutch) in...

30 august 2010 

No Database? Protection of Documents as a Safety Net

Court of Utrecht 28 July 2010, LJN:BN 2268 (in Dutch), Ryanair Limited/PR Aviation B.V. On its websites wegolo.com and wegolo.nl PR Aviation...

30 august 2010 

ECJ in Portakabin / Primakabin: use of AdWords can be trademark infringement

On July 8, 2010, the European Court of Justice ruled on the circumstances of trademark infringement by the use of Google AdWords. AdWords are search...

16 july 2010 

Ambush Marketing: Wearing the Dutch Dress Would Be Permitted in the Netherlands

During the World Cup 2010, Bavaria has caused a great upheaval with the Dutch Dress. After the Netherlands - Denmark match, two 'Bavaria babes' were...

16 july 2010 

Trademark Right Is Not Exhausted With Regard to Products For Demonstrations That Are Not For Sale

Court of Justice of the EU 3 June 2010, case C 127/09 (Coty Prestige / Simex Trading) In the newsletter of February 2009 we have discussed a...

25 june 2010 

GeenStijl vs Nijmeegse Stadskrant: copying of interview allowed with a reliance on the journalistic exception

Court of Amsterdam 12 May 2010, published on MediaReport (in Dutch) In 2008, alderman Van Hooft of Nijmegen was interviewed by a journalist. In...

25 june 2010 

Short Extracts Rule from Dutch Media Act Only an Access Rule Because of Copyright

Court of Utrecht in Preliminary Relief Proceedings of 12 May 2010, LJN: BM4200 (in Dutch) The 'Dutch Major League' (Eredivisie) consists of the...

28 may 2010 

First Judgment Regarding European Design Law: Focus on Freedom of the Designer

European Court of First Instance, 18 March 2010, case no. T-9/07, www.curia.europa.eu Community Design Since 2003, the Community Design, a European...

28 may 2010 

Court of Appeal of Amsterdam Ruled On Sound Producers' Neighboring Rights Claims

Judgment of the Court of Appeal of Amsterdam of 4 May 2010 (Koelewijn c.s./SENA) Source picture: www.sena.nl The Neighboring Rights Act...

28 may 2010 

Google Does Not Infringe With AdWords Louis Vuitton

A discussion of the long-awaited judgment of the European Court of Justice dated 23 March 2010 in the case about Google AdWords. On 23 March 2010...

29 april 2010 

Generating Internet Traffic with Domain Name Not Used As Trade Name

A discussion of the judgment of the Court of Appeal of The Hague of 9 March 2010, case no. 200.017.357/01, Taartenwinkel.nl B.V. versus GefeliciTAART...

29 april 2010 

Copyright Law Restriction Not Applicable to News Reports

A discussion of the judgment of the Court of Zwolle-Lelystad, 10 February 2010, HA ZA 09-507, Nederlandse Dagbladpers&diverse uitgevers vs....

29 march 2010 

Trademark Protection of Slogans Easier

Court of Justice of the European Union, 21 January 2010, C-398/08 (Audi/BHM) The European Court of Justice ("ECJ") recently rendered a...

29 march 2010 

Benelux Office for Intellectual Property: A Community Trademark Must Be Used in

The Case The earlier trademark ONEL had already been registered in 2003 by Leno Merken B.V. for, amongst other things, advertising and publicity,...

26 february 2010 

Copyright Still Has Its Boundaries: Dutch Supreme Court Confirms Exclusion of Technology

Literary, Scientific or Artistic Work The concept of work is a popular topic. In the past years the Dutch Supreme Court has given at least four...

26 february 2010 

MyP2P - Embedding Infringes Copyright

A discussion of the judgment of the Court of Appeal of Den Bosch of 12 January 2010 Ordinary Hyperlink Is Does Not Infringe Copyright Does it...

26 february 2010 

Analysis of Makro/Diesel Judgement

The Oxford Journal of Intellectual Property Law and Practice has in its latest edition published an analysis of the ECJ judgement Makro/Diesel by...

26 january 2010 

Kennedy Van der Laan is very pleased to announce the appointment of three new partners

AMSTERDAM, 8 January 2010 - Kennedy Van der Laan has appointed Jens van den Brink, Hester de Vries and Jan Schouten as partners as of 1 January 2010....

08 january 2010 

Davidoff criteria for exhaustion apply also if goods were first marketed within the EEA

The ECJ rejected a suggestion put forward by the Dutch Supreme Court (Hoge Raad) that with respect to goods originating within the European Economic...

08 january 2010 

Perfume Testers and Exhaustion

A discussion of the judgment of the Court in preliminary relief proceedings in The Hague, dated 29 January 2009 (Davidoff/Doddema) The well-known...

27 february 2009 

Commercial Exploitation of Jogging Mother's

The Dispute In June 2007 Mrs De Rooij-Van den Boogaard was photographed without her consent or knowledge. The photograph at issue, which was taken...

27 february 2009 

Ban on Publication of Adjusted Quote-500 list

On 7 November 2008 Hachette Filipacchi Media Netherlands B.V. - in its capacity as publisher of the business magazine Quote - filed an ex parte...

30 january 2009 

Barbarians at the Gate

A discussion of the judgment of the Court of Utrecht dated 3 September 2008 The Facts In the summer of 2007 an article was published in the weekly...

28 october 2008 

ECJ denies relevance of ‘acquired attractiveness’

The ECJ rejects the suggestion of the Dutch Supreme Court that a shape which gives substantial value to the product (in this case, a specific...

01 february 2008 

Possibility to Impose an Order in IP-Cases Without Summoning the Defendant

Ex parte order applied for the first time in a decision in preliminary relief proceedings of the Court of The Hague dated 7 June 2007 As we...

01 july 2007 

KPN Green Void - Use in the Netherlands Insufficient

A discussion of the judgment of the Commercial Court in Brussels of 24 November 2006 (Koninklijke KPN/Mobistar RG 05/00760) Since 1989 KPN keeps...

01 may 2007 

Seminar Cloud Computing & Adwords

On Tuesday 15 May 2012 the law firm Kennedy Van der Laan organized the seminar Cloud Computing & Adwords in Westerunie in Amsterdam. Some of the...

18 december 2012 
Alfred Meijboom

Alfred Meijboom

Attorney, Partner

  • Alfred Meijboom http://kvdl.nl/en/our-people/alfred-meijboom/ Attorney, Partner +31 20 5506 633 alfred.meijboom@kvdl.nl http://www.linkedin.com/in/alfredmeijboom
  • Maarten Schut http://kvdl.nl/en/our-people/maarten-schut/ Attorney, Partner +31 205506 644 maarten.schut@kvdl.nl http://nl.linkedin.com/pub/maarten-schut/13/4b5/a14
  • Christien Wildeman http://kvdl.nl/en/our-people/christien-wildeman/ Attorney +31 20 5506 899 christien.wildeman@kvdl.nl http://nl.linkedin.com/pub/christien-wildeman/13/580/56b