Search

Newsletter

Newsletter April 2008

MEDIA


Quarrel about Movie Rights to the Book Joe Speedboot

Is the book always better than the movie? A movie classic such as Stanley Kubrick's The Shining featuring Jack Nicholson as the terrifying "Here's Johnny!" could be an exception. Despite the movie's success, Stephen King, the author of the book The Shining, thought otherwise. read more

INTELLECTUAL PROPERTY


No Intent - No Surrender of Profits

In order to claim surrender of profits in the case of trademark infringement, the trademark owner has to prove that the infringer acted in bad faith when committing the infringement. Can this claim only be made in the event of counterfeit (piracy) or also in other, less serious cases of infringement? The Benelux Court of Justice gives a definite answer in this judgment. read more

Cross-Border Injunction Prohibiting Sale of Infringing Products Through the Internet

Vitra holds the copyright to the Lounge Chair, the Ottoman and the Aluminium Chair that were designed and made public in 1956 by Ray and Charles Eames. Besides, Vitra is holder of the international word mark EAMES and of two international figurative marks similar to the appearance of the Lounge Chair and the Alu Chair, for the Benelux and Germany among other countries.  read more


EU AND COMPETITION - ANTI-TRUST

European Commission Prohibits MasterCard's Intra-EEA Multilateral Interchange Fees
Vitra holds the copyright to the Lounge Chair, the Ottoman and the Aluminium Chair that were designed and made public in 1956 by Ray and Charles Eames. Besides, Vitra is holder of the international word mark EAMES and of two international figurative marks similar to the appearance of the Lounge Chair and the Alu Chair, for the Benelux and Germany among other countries. read more

EMPLOYMENT


The Non-Competition Clause in Writing

A non-competition clause is only valid if it is agreed in writing. This requirement has been met when the non-competition clause is included in the employment agreement and, according to the Dutch Supreme Court, also if the employee has agreed in writing to a package of employment benefits, provided that this package was attached as a schedule to the letter in which the employee agrees to this package. read more

BANKING AND FINANCE


Supreme Court: Dexia's Securities Lease Agreement is Hire-Purchase Agreement

In its judgment dated 28 March 2008 the Dutch Supreme Court has ruled that the securities lease agreement of Dexia Bank Nederland N.V. ("Dexia") is to be regarded as a hire-purchase agreement and that such an agreement is only legally valid if the spouse of the party entering into the agreement has given permission for it. On the basis of this judgment several thousand aggrieved investors can claim back money from Dexia and possibly from other providers of shares/securities leases, because the spouse's permission had not been given. read more

Share this:   
linkedin facebook twitter email

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.

Coen Drion is one of three Dutch attorneys to have been ranked as star individual by Chambers Global 2008:

"Coen Drion is "a man with a passion for law and a broad interest in IT". As the undisputed star of the practice, if not the market, he is rated for his "excellent, unconventional approach." He focuses on commercial law with a heavy emphasis on IT, and is currently short-listed for the position of Supreme Court Judge, the result of which will be announced over the next two years."


View our profile

linkedin