Partner

Thomas Kriense

My expertise:

  • AI
  • Commercial Contracts
  • Copyright
  • Database right
  • Intellectual Property Law
  • IT and Software
  • License Agreements
  • Litigation
  • Media law
  • Privacy law
  • Trade secrets
  • Trademark law
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In a world where innovation is racing and intellectual property is crucial for success, Thomas Kriense offers expertise in protecting creative and technological innovations. With experience at IP boutiques and BREIN Foundation, he understands the challenges of innovative entrepreneurs like no other.

Focus on soft IP

Thomas focuses on copyright, trademark, trade name law and trade secret protection. Whether it is a copied app, unauthorised use of a creative work or trademark infringement, he guarantees effective protection of IP rights. For software developers, media companies and scale-ups, Thomas combines legal knowledge with an understanding of their technological and commercial realities. He develops strategies that are legally strong, workable and make commercial sense. As a litigator, Thomas acts in complex IP disputes and advises on IT contracts and data protection.

An eye for innovation

Thomas tracks trends such as AI, Blockchain, Big Data and the metaverse, and advises on the impact of European regulations such as the Digital Services Act and AI Act. His expertise covers both traditional IP issues and new technologies.

Personal and international

Clients appreciate his ability to make complex issues practical. Thomas is a member of several (inter)national associations and has a strong international network, including LegalMondo, for global support.

His commitment and dedication make him a trusted advisor and strong advocate both inside and outside the courtroom. For entrepreneurs looking for an expert who understands what really matters, Thomas offers the balance between legal acuity and a personal approach.

Recent updates

The LEGO Group takes action not only against counterfeit building bricks, but also against the (commercial) use of its word mark ‘LEGO’ outside the toy market. A recent substantive case before The Hague District Court centred on the fact that Boon Beton was offering concrete stacking blocks online using terms such as ‘Lego’, ‘concrete Lego bricks’ and ‘concrete Lego blocks’. The crux of the matter: LEGO is challenging, on the basis of its word mark, the way in which Boon Beton presents its products and makes them discoverable, in particular through the excessive and SEO-driven use of “LEGO/LEGO blocks” in web content.
A striking red ‘ball’ on a package may be a powerful point of recognition for marketers, but in trade mark law this is by no means a given: the question is whether the average consumer actually perceives such a simple visual element as an indication of origin and not merely as packaging decoration. A recent ruling by the Benelux Court of Justice concerning a shiny red circle/sphere on dishwasher tablets illustrates just how strict that test can be and why market context and sector conventions carry significant weight in this regard. In this blog, I use that ruling to discuss when a sign is intrinsically distinctive, when it is not, and how an initially ‘decorative’ element can nevertheless obtain trade mark protection through acquired distinctiveness.
You have a product that not only works, but also measures. And not only measures, but also communicates: for example, with an app, with the cloud, via a platform. That is exactly the sort of product that many entrepreneurs are making money from today — and which the EU Data Act (Data Regulation) focuses on. The ACM has now published (provisional) guidance on this, intended to explain to companies offering a connected product or related service what they need to do.