Settling a commercial dispute: what should the settlement agreement cover?
Settling a commercial dispute? Carefully address payment, final release, security and enforceability in the settlement agreement.
A judgment against your business: can you still stop enforcement?
A judgment is being enforced while you want to appeal. Read when suspension is possible and how the balance of interests, errors and security matter.
Acquisition negotiations break down: who pays the costs?
Acquisition negotiations abandoned? Read when costs or losses must be compensated and what letters of intent and reservations mean.
Your SaaS provider suffers an outage: what should your contract cover?
What if your SaaS provider suffers an outage? Read about availability, recovery, liability, backups and switching under the Data Act.
Dismissing a statutory director: which steps should you prepare?
Dismissing a statutory director? Carefully prepare the decision, dismissal grounds, works council consultation, notice period and financial settlement.
Julia van Leeuwen to teach Entrepreneurship on the Dutch professional training programme for lawyers
Julia van Leeuwen and Hidde Bruinsma will be the new Entrepreneurship teachers on the Dutch professional training programme for lawyers.
The FITNESS judgment: new evidence on appeal is not automatically admissible
New evidence on appeal can make or break a case. But anyone assuming that it must automatically be considered after an earlier annulment is mistaken. In FITNESS, the General Court makes clear that EUIPO cannot bypass its discretion: even after remittal, the Board of Appeal must independently assess and explain why late evidence is admitted.
Non-compete clauses in bankruptcy: what is and is not possible?
A non-compete clause does not automatically lapse in bankruptcy. Read what applies to trustees, employees, confidentiality and purchasers in a restart.
Copyright in music: can you protect a rhythm? Lessons from the Bad Bunny case
Can copyright in music be used to claim an entire genre? That question was central to a high-profile US lawsuit against Bad Bunny, Karol G, Daddy Yankee and more than 150 other artists. This is an important development for everyone earning a living from music: artists, musicians, record labels, producers and creative businesses. In this update, I explain what music copyright protects, why claiming a rhythm is so difficult and what you can do to document your work properly.
Trade mark use: unfair advantage or due cause? Political parody in trade mark law
A well-known brand name or recognisable visual identity is tempting material for a political campaign, satire or online expression. But using it to attract attention quickly engages trade mark law. A recent judgment of the Court of Justice of the European Union, arising from a dispute between IKEA and Vlaams Belang, shows how closely trade mark use, unfair advantage, due cause and freedom of expression are connected. When is a parody permitted, and when is it primarily riding on a famous mark’s appeal?
