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.

“Responsible use of AI in practice” – Advocatenblad

As a lawyer, how do you deal with AI-generated documents from clients? What are the implications of using AI for confidentiality and professional responsibility? And how can you use AI as a tool without relinquishing your own legal judgement?

In the latest issue of *Advocatenblad*, our colleague Julia van Leeuwen, as a member of the NOvA’s AI & Digitalisation Project Group, discusses these issues, drawing on practical examples.

Part 1 – The Netherlands Commercial Court: What is the NCC and why was it established?

NCC

Doing business internationally is part of everyday practice for many companies. Contracts are drawn up in English, counterparties are based in different countries, and disputes do not stop at national borders. In this international playing field, it is essential that disputes are resolved quickly, professionally, and predictably.

Since 2019, the Netherlands Commercial Court (NCC) has played an important role in this regard. This specialised court was established to settle international commercial disputes within the Dutch legal system, but entirely in English. In this first blog, I will discuss what exactly the NCC is and why this court was established. In a subsequent blog, I will explain how to litigate before the NCC.