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
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