On 24 August 2010 the Court of Appeal of The Hague rendered a judgment in an image right case. In this judgment, the Court of Appeal allowed the claim of a Turkish woman who argued that she had become ‘socially isolated’ as [Read more…] about Court of Appeal of The Hague Allows Image Right Claim of Turkish Woman
Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
On 3 June 2010 the Advertising Code Committee (“RCC”) allowed a complaint from environmental organization Greenpeace about an advertising campaign of the oil company Trafigura. The RCC ruled that Trafigura had violated the rules of the Dutch Advertising Code in this advertising campaign, which concerned the Probo Koala affair. In half-page-sized advertisements about the Probo Koala affair, [Read more…] about Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
Mininova Must Remove Torrent Files and Actively Check For Copyright Infringement
The proceedings against Mininova were instituted by Stichting BREIN, a foundation which represents a large number of right holders entitled to copyrights and neighboring rights. BREIN argued that Mininova should be held responsible for the large-scale [Read more…] about Mininova Must Remove Torrent Files and Actively Check For Copyright Infringement
ECJ Gives Ruling on Database Right
European Court of Justice 09/10/08,
Important Poems
On 9 October 2008 the European Court of Justice (ECJ) answered a preliminary question from the German Bundesgerichtshof about the concept of ‘extraction’ from the Databases Directive. Under the Databases Directive, the producer of a database obtains an exclusive [Read more…] about ECJ Gives Ruling on Database Right
The Use of Ad Words When Selling Trademark Products on the Internet
A short discussion of the judgment of the Court of The Hague dated 9 January 2008 in the Portakabin / Primakabin case.
Introduction
To what extent is a seller of another party’s trademark products allowed to use this trademark to advertise? [Read more…] about The Use of Ad Words When Selling Trademark Products on the Internet