The advertising war between Rockwool and Kingspan
Rockwool initiated legal proceedings against its primary competitor, Kingspan, regarding the fire safety claims associated with its insulation products. In the wake of the Grenfell Tower tragedy in London, this …Read More
Mediation clause in your contract? Not always obliged to follow a mediation route!
The Supreme Court of The Netherlands ruled on 12 July 2024 that the content of a mediation clause in a contract must be determined by interpreting that clause. In doing …Read More
Default regarding your delivery? Tip: Pay attention to the wording of notice of default
On 12 April 2024, the Supreme Court in The Netherlands gave an opinion on the extent of damages suffered by the buyer as a result of the sellers’ failure to …Read More
Defective or non-compliant product or service?
When a defective or non-compliant product or service is delivered, the contract is often “rescinded” too quickly. There are exceptions but, as a general rule, a specific notice of default …Read More
Naughty Nijntje (Miffy)?
An application was recently filed with the European trademark office EUIPO for a stylized figurative mark of a rabbit for clothing and sex toys. Mercis, the company that owns the …Read More
Trademark infringement or common practice in paint industry?
A certain paint manufacturer develops, produces and sells paints, including under its own well-known Sigma brand. The other party is an interior designer who has also developed a paint line …Read More
Notice period of a distribution agreement
A wholesaler selling clothing of the French fashion brand Kookai left Kookai’s invoices unpaid, after which Kookai stopped selling and delivering the clothes. In the proceedings, the wholesaler claimed that …Read More
The automotive is changing its distribution model
Well-known car brands such as Ford, Volvo, Mercedes and Stellantis (collaboration of Fiat Chrysler and Peugeot) are moving from appointing cardealers to agents in Europe, or at least that is …Read More
Use some one else’s trademark in your domainname?
That this – under specifice circumstances – is allowed, is once again confirmed by the District Court of The Hague, Netherlands on August 17, 2022.
The Dutch plaintiff has the domain …Read More
Distribution agreement or (successive) purchase agreements?
That the difference is important, is shown by the ruling of the Provisional Judge dated June 14, 2022 of the District Court of North Holland.
The court stated that the qualification …Read More
