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ARTICLE · 10 MARCH 2017

"Clarifying" Trade Mark Infringement In The Netherlands

IPPZ is a company that develops software for health care professionals.

NetherlandsIntellectual Property

IPPZ is a company that develops software for health care professionals. This software enables health care providers and patients to communicate more easily with one another. Users include health centres, hospitals, psychologists, therapists, general practitioners and physiotherapists. IPPZ offers this software under the name of its subsidiary 'Karify' and owns several EUTMs including the word mark 'KARIFY'.

IPPZ uses this mark (inter alia) in the following way:

The Defendant, Cariphy, develops and markets software for health care and health club professionals and sells this software under the trade mark 'CARIPHY'. This software enables physiotherapists, health club owners and personal trainers to instruct and assist their patients/clients and to manage agendas and training schedules. Cariphy is the owner of the EUTM word mark 'CARIPHY' (EUTM) and uses this mark (inter alia) in the following way:

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