Region: Netherlands

In <i>Consitex SA v Gerolanda</i>, the World Intellectual Property Organization Arbitration and Mediation Centre has issued its first decision under the Regulations for Arbitration on '.nl' Domain Names, ordering the transfer of the domain name 'ermenegildozegna.nl' to the complainant.

12 January 2004

In a decision that is likely to have an impact on trademark owners and practitioners, the Amsterdam District Court has ruled that '.com' top-level domain names, hosting websites offering goods that infringe rights protected in the Netherlands, can be made inaccessible to Dutch consumers. This may give trademark owners a new method of stopping online infringement.

16 October 2003

In <i>Red Bull GmbH v Blue Parrot</i>, the District Court of Den Bosch has ruled that the defendant nightclub's policy of serving energy drinks sold under the brand name 'Xi Climax' to customers who had specifically asked for a Red Bull drink, without informing them of this fact, infringed the plaintiff's rights in its RED BULL mark.

11 September 2003

In <i>Boehringer Ingelheim Pharma KG v GTO Expeditie BV</i>, the Civil Court of The Hague has ordered the defendant, a Dutch importer of grey-market goods, to disclose to the plaintiff the name of the East European exporter of the goods. The court noted that the plaintiff's trademark rights had been violated and the order was necessary to find the source of the infringement.

12 June 2003

The Amsterdam District Court has blocked publication in the Netherlands of a Russian children's book that author JK Rowling said was too similar to her <i>Harry Potter</i> books. The court ruled that if released in the Netherlands, the story would violate registered copyrights and trademarks.

23 May 2003

New regulations issued by the Foundation for Internet Domain Registration have taken effect. Now, applicants from all over the world, including private individuals, are able to register top-level country-code domain names. In addition, a system of alternative dispute resolution has been introduced.

02 April 2003

In <i>Intermediair Uitzendbureau BV v VNU Business Publications BV</i>, the Court of Appeals for Arnhem has refused to invalidate trademarks registered by the defendant that include the word '<i>intermediair</i>' (meaning intermediary). The court held that although the word is descriptive, VNU's trademarks had become well known and distinctive through use.

23 January 2003

The Dutch Foundation for Internet Domain Name Registration has announced changes to the regulations governing the registration of '.nl' names. The new rules are due to take effect by the end of the year and will, among other things, remove previous country-specific requirements.

16 October 2002