Julia van Leeuwen in Het Financieele Dagblad on the responsible and efficient use of AI
AI is being used more and more frequently in the professional services sector, but effective oversight of the results remains essential. Julia van Leeuwen, a solicitor at Guldemond Advocaten, shared her views on this last week in the article “Oversight of AI errors still falls short in the professional services sector” in Het Financieele Dagblad (FD).
ABBA in a conga line: how far does the parody exception extend?
De Kapotte Kachels recorded a carnival song that paid tongue-in-cheek homage to a global hit: Dikke Pens (Clap Your Pens). The melody was strongly reminiscent of ABBA’s ‘Take A Chance On Me’. The parody track was uploaded to Spotify, but Universal had it taken down on behalf of ABBA. The crux of the matter: De Kapotte Kachels invoked the parody defence, but according to the court, the commercial exploitation of this recording went a step too far.
LEGO® vs. ‘concrete Lego bricks’ – Riding on the coattails of well-known brands
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.
Forum selection clauses: why a single sentence in your contract could save you thousands of euros
When drawing up a contract, attention is often focused on price agreements, delivery times and liability. This is understandable, as these are the issues that the parties usually negotiate. However, a clause that often appears at the bottom of the contract is regularly underestimated: the choice of forum clause.
A choice of forum clause determines which court has jurisdiction to hear a dispute between the parties. This may seem like a minor detail, but in practice this provision can have significant consequences. A well-drafted choice of forum clause can prevent uncertainty, limit legal costs and ensure that a dispute is resolved more quickly. Conversely, the absence of a clear choice of forum can lead to protracted disputes over which court has jurisdiction.
When is a ‘red ball’ on the packaging a trademark (and when is it simply decoration)?
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.
ACM publishes guidance on the Data Act: what do you need to do if you sell ‘smart’ products?
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.
Dua Lipa vs. Samsung: what this copyright case reveals about the commercial use of visual material
The use of photographs, images of artists and famous faces in marketing campaigns may sometimes seem harmless. Yet a single image on a product’s packaging can lead to claims running into millions for copyright infringement, trademark infringement and unauthorised use of image rights. This is evident from the recent lawsuit brought by the famous singer Dua Lipa against Samsung.
When does the Enterprise Chamber find mismanagement in the second phase of the inquiry procedure?
In corporate law, the inquiry procedure is an important tool for shareholders and other stakeholders to have the policy and conduct of a company reviewed. A key question in the second phase of this procedure is whether there has been mismanagement. On 13 March 2026, the Supreme Court clarified once again that this is not an automatic conclusion, even in the case of serious shortcomings in the decision-making process.
This is a significant development for companies and shareholders. This blog explains what this ruling means in practice and how the Enterprise Chamber (OK) deals with remedial measures and the required interest in cases of mismanagement.
Trademark law and entrepreneurship: what the Katy Perry v Katie Perry case teaches us
For many businesses, a strong brand is one of their most important assets. But what happens if a well-known name has already been registered by someone else? The recent ruling in the Australian case between fashion designer Katie Perry and pop star Katy Perry demonstrates just how decisive trademark law can be. This blog explains what this case means for entrepreneurs and how you can avoid legal risks associated with trademark use.
Streaming royalties and record deals: court rejects artist’s claim for 50% royalties
Discussions about the level of streaming royalties are becoming increasingly common in the music industry. Many artists signed record deals at a time when digital distribution was virtually non-existent. Now that streaming via platforms such as Spotify, YouTube and Apple Music has become the main source of income, the question regularly arises as to whether those old agreements are still appropriate.
The Amsterdam District Court recently ruled on such a dispute between an artist and the record label Armada Music. The artist claimed that he was entitled to 50 per cent of the revenue from streaming his music. The court dismissed this claim. At the same time, the artist was successful on another point: he was permitted to terminate his record contract.
