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ARTICLE · 24 MAY 2021

Descriptive Company Names – Dairy Partners BV vs DOC Dairy Partners Limited

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In a long-awaited decision, the Dutch Supreme Court has recently handed down a judgement providing clarity on the conditions for protection of more or less descriptive company names in the Netherlands.

NetherlandsCorporate/Commercial Law
Kasper Radstake
Kasper Radstake
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In a long-awaited decision, the Dutch Supreme Court has recently handed down a judgement providing clarity on the conditions for protection of more or less descriptive company names in the Netherlands.

The Dutch Company Name Act states that it is prohibited to use a company name that is identical with or similar to a company name that is already in use in the same sector and geographical area, provided that confusion on the part of the public is to be expected.

A company name is the name used to distinguish an undertaking from other undertakings. Company name rights in the Netherlands are created by the use of a company name in commerce and not by registration of this name in the Dutch Company Name Register.

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