Intellectual property: trade marks, copyrights and design rights in Netherlands
'Fast, responsive, and on point', Brinkhof is a go-to practice for the gamut of IP prosecution, enforcement, and transactional work across trade marks, design rights, and copyrights, as well as IP monetisation and advertising. Kurt Stöpetie, 'who is an extremely sharp, analytical lawyer', along with Gregor Vos and Remy Chavannes are the senior partners overseeing work for well-known clients, including the protection of all marks and design right matters in the Benelux for adidas. Counsel Sjo Anne Hoogcarspel litigates on a broad range of cases in national courts and European institutions. In other work, the team is acting for Eredivisie Media & Marketing, which markets the media rights to the Dutch football league, and for its exclusive license holder Fox Sports. The work involves litigation to combat the wrongful live streaming and hosting of matches.
De Brauw Blackstone Westbroek 'stands tall in Dutch IP matters, especially for mission-critical transactions and disputes'. The team combines its IP expertise with its litigation, corporate, and competition skills to provide a full service to both regional and international clients. The group is representing NXP in infringement proceedings against Infineon Technologies; the dispute relates to NXP’s MIFARE trade marks for near field communication. Koen Limperg and Tobias Cohen Jehoram are 'rock stars with a formidable intellect, deep experience who provide pitch-perfect advice'. Jehoram is representing client Smilde in a novel copyright case brought by Levola which involves the right to a taste (of leeks and garlic). Senior associate Samantha Brinkhuis is another practitioner to note.
Hofhuis Alkema Groen
Boutique firm Hofhuis Alkema Groen is dedicated to trade mark, copyright, design right, and related marketing and media law. Its client roster includes Facebook, Deutsche Telekom, and Christian Louboutin. For the latter client, the team has been successful in the long-fought case relating to the protection of the client's famous red shoe soles. Jesse Hofhuis has a focus on trade mark protection; Arnout Groen specialises in digital and database rights and contentious copyright matters; and Adonna Alkema is acting for Red Bull in the Benelux in the case against the energy drink 'The Bulldog'.
HOYNG ROKH MONEGIER
HOYNG ROKH MONEGIER's IP team 'ranks amongst the best there is in the Netherlands'. 'The teamwork is outstanding and its in-depth knowledge at every level is exemplary. It has an innate ability to work on the most complex and obscure elements of IP law.' As well as its all-around IP excellence, the team also has a focus on new media issues. Clients include household name Philips, for which it undertakes a range of advisory and disputes work including a cross-border copyright claim with Lidl. Joris van Manen, Willem Hoyng, and Frank Eijsvogels head the practice. Laura Fresco is acting for Abbott in litigation against various Dutch companies regarding their trade in US-packaged counterfeit diabetes test strips.
At Bird & Bird LLP, 'all the attorneys are extremely smart, have the highest legal skills, and understand client needs'. Wouter Pors heads the practice and noted practitioners including Manon Rieger-Jansen, who leads the brand protection team. Armand Killan counts Nestlé among his clients, acting on a range of patent and trade mark matters in Europe including the protection of the Maggi and Felix brands. The team is noted for its blue-chip clientele – it acts for the Kraft Heinz Group on the protection of its marks and designs.
Thomas de Weerd heads the practice at Houthoff which is recognised for its 'very strong Supreme Court practice'. Counsel Thijs Van Aerde, who is 'great to work with, is very strong in his field and has a great personality', is acting for Stichting BREIN in copyright litigation before the Supreme Court against Usenet provider News-Service Europe, which offers large amounts of media and entertainment content to subscribers. The case has been referred to the European Court of Justice.
The 'efficient, well-synced team' at Kennedy Van der Laan 'has excellent communication skills; the advice is pragmatic and it has broad experience in brand protection matters'. Alfred Meijboom and Maarten Schut head the department and offer broad expertise in IP, media, and related technology issues. Schut also coordinates the European brand protection work for Nike. Counsel Sophie van Loon has a focus on copyright law and advises international media and publishing clients, including on matters relating to collective rights management societies. The team's impressive client roster includes Ikea, Facebook, and Tommy Hilfiger. Highlight work includes continuous assistance to Converse in its fight against counterfeiting in several European countries and wins against Dutch distributors Van Caem and Goeiemode.
Le Poole Bekema
Le Poole Bekema founding partners, Anne Bekema and Bas Le Poole offer up an impressive range of expertise across IP litigation, media-related copyright matters, data protection, and advertising law, as well as licensing and sponsorship work. The team counts Ryanair, RODAP (an alliance of Dutch broadcasters), Unilever, and Kawasaki Motors Europe among its clients. In highlight work, the group acted for longstanding client Telegraaf Media Group in litigation concerning whether a dedicated meta search engine database infringes the database rights of Autotrack. The matter went to the European Court of Justice.
NautaDutilh is acknowledged for its 'depth and breadth of IP expertise'. Charles Gielen and Anne Marie Verschuur are highlighted by clients. Other noted team members include of counsel Richard van Oerle and senior associate Marlous Schrijvers. The team's recent work included successfully defended Daimler against copyright infringement claims from BSUR Agency regarding Daimler's 'smart fortwo' campaign. The group is also acting for Diagio in disputes and for Lego in relation to contentious work.
Visser Schaap & Kreijger
The niche Visser Schaap & Kreijger 'consists of high-quality, practical lawyers'. The team is known for its copyright expertise in the publishing and entertainment fields, as well as trade mark protection. It acts on behalf of BREIN (the rights protection/anti-piracy organisation) and SENA (the music remuneration rights group). Clients receiving advice on trade marks include H&M, Fatboy, BinckBank, and Porsche. Dirk Visser and Jacqueline Schaap are the key partners, the latter draws praise for being 'well informed on the media industry, having good contacts, and having a practical approach'.
AKD is recommended for its strength 'in the field of trade mark enforcement and litigation' and for its 'great understanding of brand protection'. Martin Hemme heads the practice; Peter Claassen, who is cited for being 'very strong on trade mark and trade secrets litigation', and Huib Berendschot are other noted partners. The team's notable clientele includes Richemont International, Nestlé, and Majestic Products for which it takes on portfolio management, anti-counterfeiting work, and IP disputes.
Boekx Advocaten stands out for its niche IP and media practice offering which includes expertise in image rights and data protection in addition to trade mark and copyright protection. Diederik Stols heads the team and Hidde Koenraad provides trade mark and design right expertise. The group successfully represented footballer Edgar Davids in an image rights infringement case against the global computer game developer Riot Games. It also routinely acts for BMW on all its IP issues including three successful cases of design right infringements concerning car parts.
bureau Brandeis is highlighted for its broad expertise including copyright and privacy and for being 'a hands-on, focused team and a pleasure to work with'. Christiaan Alberdingk Thijm 'is an excellent, sharp litigator'; Hans Bousie 'has a wide knowledge of the media sector and always looks for solutions'; Machteld Robichon is 'a great pleasure to work with and operates at a high level'. The team has been involved in several landmark copyright cases in the digital/telecoms sector; it advised Netflix on a long-running claim that reached the ECJ and concerned the German Film Fund Scheme.
Höcker Advocaten is recognised for its especially strong copyright expertise; it represents a range of music, audio-visual, and literary rights collecting societies as well as advertising agencies, entertainment companies, and artists. Jacqueline Seignette heads a team that includes Willem Roos, Joep Meddens, and 'committed and decisive' litigator Marijn Kingma. Together with Seignette, Kingma acted for clients including Stichting LIRA and Stichting Brein. The team's other clients include Radiocorp and Omnicom.
At Hoogenraad & Haak, advertising + IP advocaten, Maarten Haak, Daniel Haije, and counsel Moïra Truijens assist clients including Lidl, Jaguar Land Rover, Omega Pharma, and Samsung. In a high-value case, it is acting for Fashion Linq in defence of its Denim & Co trade mark in eight European states against Primark. It is also acting for Kallo Foods in a multi-jurisdictional conflict with US-based Whole Earth Sweetener Company regarding the trade mark 'Whole Earth'. Proceedings are under way in the District Court of the Hague and the EUIPO.
Leeway is highlighted for its 'comprehensive and high-quality team, great commercial knowledge, and practical approach'. Senior partner Marga Verwoert is reported to be 'very dedicated, strategic, hands-on, and pro-active'. Michiel Odink is also respected for being 'efficient, commercially minded, and very likeable', while Remco van Leeuwen is in demand for his IP expertise in the consumer and retail sectors. Senior associate Daan van Eek and associate Roel Dolk are also well regarded. The team provides end-to-end IP protection to clients including Amazon, BookSpot, and Hudson’s Bay Company.
Pels Rijcken & Droogleever Fortuijn NV's team head Sikke Kingma is 'a very strong Supreme Court lawyer'. His team acts for a range of state, municipal, and corporate clients which include Delft University of Technology and the Municipalities of Amsterdam and The Hague. Highlight work includes acting for Spirits International in Supreme Court proceedings against FKP Sojuzplodo, a Russian state-owned company in a dispute over the ownership of the well-known brands Stoli, Stolichnaya, and Moskovskaya. Martijn Scheltema is a key team member which has expanded with the joining of Jordi Bierens from De Brauw Blackstone Westbroek.
'A strong team with sound knowledge and experience', the Simmons & Simmons group is co-headed by managing associate Paul Tjiam, 'who stands out acting on IP infringements and is very sharp and focused on achieving the best possible solution', and the highly experienced Bas Berghuis van Woortman. The team has been enlarged with the addition of Mathijs Schonewille and Sebastiaan Brommersma who both joined from DLA Piper. The department successfully acted for Gold’s Gym in complex disputes with various Piloxing entities over trade mark and copyright infringements; proceedings took place in the court of Midden-Nederland and two proceedings went to Appeal Courts.
Van Kaam IP & Media
Van Kaam IP & Media 'is a strong boutique firm with in-depth knowledge of the creative industries; it delivers high-quality work and the lawyers are strategic and creative thinkers and great sparring partners'. Bertil van Kaam 'has great industry knowledge, is a strong negotiator, and a valuable analytical thinker'. Other valued team members include Remco Kloters with his 'good communication skills' and the 'impressive' junior associate Hanneke van Lith. Clients include Hearst Magazines, Dutch FilmWorks, and Fremantle Media.
Baker McKenzie is known for its global IP network that handles the range of trade marks, copyright, and commercial IP transactions, as well as contractual matters. The Amsterdam-based team is headed by Wouter Seinen; other noted practitioners include senior counsel Steffen Hagen and trade marks attorney Ischa Gobius du Sart. The team represents both domestic and global household name clients including 3M, Chanel, and Unilever. Work highlights include assisting FedEx on a range of IP contractual matters; it is assisting a range of well-known clients on infringement matters.
The CMS team provides assistance on privacy, anti-competition, and data ownership issues. Department head Rogier de Vrey assists clients with transactional and contentious matters in relation to all types of IP assets; he also has expertise in breeder’s rights and crop protection issues. De Vrey advised McCain on design infringement cases against competitor Simplot as part of a global dispute. Willem Hoorneman and counsel Marcoline van der Dussen are also notable team members.
Paul Reeskamp heads the DLA Piper IP and technology practice in Amsterdam which benefits from the firm's global reach. Niels Mulder, whose clients include Conair, Nike, Spin Master, and Five Guys, is representing Bacardi in coordinated litigation in numerous European jurisdictions concerning parallel or wrongly exported goods. The team also handles anti-counterfeiting work for brands including Polo/Ralph Lauren.
Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer’s IP department is led by Rutger Kleemans and provides the full scope of cross-border brand, design, and copyright protection, passing off, and unfair competition advice. Principal associate Jelle Drok and senior associate Jan-Jaap Koningsveld are key members of a team that acted for the Estee Lauder Group in opposition proceedings against a trade mark application before the Benelux IP Office. The team also acts for Stanley/Black & Decker on its trade mark matters, including obtaining an ex-parte order against HBL in respect of unlawful repackaging.
Greenberg Traurig LLP 'distinguishes itself through great skill handling complex international IP litigation'. 'Outstanding litigator and fast thinker' Radboud Ribbert, who heads the team, 'always has a pragmatic solution at hand' and offers a blend of IP and entertainment law expertise. Ribbert is acting for Spirits International in ongoing litigation relating to Benelux trade marks Stolichnaya and Moskovskaya; the matter is pending at the Supreme Court. The team also represents a number of well-known entertainers on trade mark protection matters. The department has been enhanced with the arrival of Willeke Kemkers from Van Kaam IP & Media and Nini Blom is one of several experienced associates.
Ploum serves clients in the automotive, technology, food and beverage, as well as fragrance sectors, and handles pan-European contentious and advisory work. Willem Leppink heads the group and is supported by senior associate Sabin Tigu in assisting clients including Harley-Davidson, Arla Foods, Donna Karan, and the Ford Motor Company.
Judith Krens heads the IP and life sciences departments, while counsel Maarten Rijks leads the trade marks, copyright, and design work at Taylor Wessing, which is also known for its expertise in anti-counterfeiting matters. Rijks is handling a number of copyright and trade mark infringement actions and continues to defend Van Haren Schoenen in the significant and hard-fought infringement claim brought by Louboutin over its red shoe soles mark.
The team at Van Doorne 'works well together' to provide clients with a full range of expertise from enforcement and anti-counterfeiting cases to distribution, franchising, and sponsorship matters. Department head Kriek Wille 'is a smart, outstanding attorney' who is acting for Texelse Bierbrouwerij in high-profile proceedings including a conflict with a former director who started a competing brewery under a confusingly similar brand; Wille is also handling a number of other trade mark opposition and infringement actions.
Offering 'practical and to the point advice', Vondst Advocaten N.V provides both litigation and IP exploitation expertise in a range of sectors including IT. Tjeerd Overdijk is noted for being 'a very strong partner in any litigation or negotiation' while the 'fantastic' Herwin Roerdink is cited for his skills in national and EU trade mark and internet issues. The team assists well-known clients on trade mark and copyright enforcement, domain name issues, and is acting for a client in a case before The Hague Court which will consider whether the mere storage and import into the EER of branded goods can exhaust a community mark.
Allen & Overy LLP
Allen & Overy LLP's IP team is led by litigator Frits Gerritzen whose expertise includes copyright and patent disputes. The group works closely with the firm's corporate practice and handles a range of transactional and contractual matters. It acted for Belgian furniture design company Tribù on enforcing its designs and copyrights in relation to its signature KOS armchair and other Tribù designs against an infringing third party. Jasper Klopper left the practice for Stibbe in January 2018.
BarentsKrans is appreciated for 'being involved and determined' and for the 'excellent performance' of its lawyers. Jaap Bremer co-heads the group with Marleen van den Horst. The team's work includes acting for Lemax on the enforcement of its copyrights and design rights in the Netherlands, elsewhere in Europe, and mainland China.
The BINGH Advocaten team is recognised for its 'practical approach, personal touch, and commitment to the client' which is 'a serious strength of a skilled IP team'. Founding partner Lars Bakers is appreciated for his 'proactive and client-focused approach' and for being able to 'take a helicopter view of a case'. Together with senior associate Annelot Sitsen, he acts for global supermarket chain SPAR International in relation to its global licensing deals.
Dentons handles all types of IP assets, including trade marks, copyrights, trade secrets, and domain names. Marc Elshof heads a team which now also includes Alexander van Laaren who joined the team from Markfellows BV and brings experience in trade mark prosecution work. Acting with colleagues in China, the group assisted North Sea Lubricants on a trade mark infringement dispute in China relating to the bad faith registration of a mark.
The Hogan Lovells International LLP team is headed by IP litigator Marc Wallheimer who, along with senior associate Win Yan Lam, assists clients including Mars and Pepsi-co with their Benelux trade marks clearances, prosecution, and enforcement issues. The team also acts for Dell on a range of trade mark and domain name matters as well as a dispute with the Dutch state and national collecting society on copyright levies.
Louwers IP Technology Advocaten is appreciated for its 'breadth of knowledge and to the point advice'. This IP and technology boutique is established in the Brainport centers in Eindhoven and The Hague and advises IT, technology, and emerging tech companies including Smart Photonics, which it assists on the management of its trade mark, copyright, and domain name assets. Ernst-Jan Louwers, Huub de Jong, and Tom de Wit are the key names to note.