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  • Article

    Privacy Commission Requires Cable Operator To Implement "Opt-In" Mechanism For Direct Marketing

    On September 13, the Privacy Commission issued a press release (source documents in French and Dutch) about an ongoing investigation involving the direct marketing practices of a cable operator.
    BelgiumPrivacy
    Jones Day
    Jones Day
  • Article

    EU Legislators Reach Agreement On Digital Markets Act

    The EU Parliament and Council reached political agreement on the Digital Markets Act (DMA) late on Thursday night. The Commission has been quick to welcome the agreement, stating that the DMA...
    European UnionAntitrust/Competition Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    European Commission Fines Clothing Company Guess Close To € 40 Million For Restricting Cross-Border Trade

    The infringement lasted from 1 January 2014 to 31 October 2017.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Accepts Final Commitments In Cross-Border Access To Pay-TV Case

    The Commission had already accepted and made binding commitments offered by Paramount Pictures in July 2016.
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Imposes € 12.5 Million Fine On Nike For Restricting Cross-Border Sales Of Merchandising Products

    On 25 March 2019, the European Commission ("Commission") announced its decision to fine Nike € 12,555,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    IKEA Bans Parody: Freedom Of Expression Must Yield To Trademark

    When Belgian political party Vlaams Belang used IKEA's trademark and drawings in an anti-immigration campaign, it sparked a landmark EU court decision on the boundaries between political expression and trademark rights. The Court of Justice examined whether political parody provides "due cause" for using another's trademark, weighing freedom of expression against property rights in a case where the trademark owner maintained neutrality on the political message.
    BelgiumIntellectual Property
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Commercial Court Of Brussels Prohibits Mobistar’s Comparative Advertising For 4G Network

    On 17 December 2014, the Commercial Court of Brussels handed down a judgment regarding comparative advertising of Mobistar with regard to the supposed quality of its 4G mobile network.
    BelgiumMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Refers Questions To ECJ On Validity Of Prohibition On Price Reductions For Tobacco Products

    In an interim judgment of 5 May 2015, the Brussels Court of Appeal referred three questions for a preliminary ruling to the Court of Justice of the European Union.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    A Very Recent Legislative Change Further Liberalizes Price Rebates And The Announcement Of Such Price Rebates In Belgium

    Belgian law traditionally has rather elaborate and strict rules on the announcement of price reductions.
    BelgiumMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Mons Court Of Appeal Rules On Use Of Competitor's Trademark As AdWord

    On 16 November 2015, the Mons Court of Appeal (the "Court") handed down a judgment in a dispute between Verabel, a trademark holder, and Verandas Confort, which used the word 'Verabel' as a Google AdWord.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgium Is Getting Ready For The Digital Services Act: Are You Impacted?

    On 17 February 2024, the EU Digital Services Act became fully applicable to online intermediaries and platforms (online marketplaces, social networks, content-sharing platforms, etc.) operating in Europe.
    BelgiumMedia, Telecoms, IT, Entertainment
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Influencer Guidelines Published By The Belgian Advertising Council

    Purpose of the Guidelines is to help online influencers, advertisers, agencies, media and platforms to protect the consumer, who has the right to always know clearly if a social media post is a commercial communication.
    BelgiumMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    The Belgian Council Of Advertising Issues A Recommendation On Transparency And Identification Of Advertising: Native Advertising

    On 27 April 2016, the Belgian self-regulatory advertising authority Jury on Ethical Practices in Advertising ("JEP") published its Recommendation on Native Advertising.
    BelgiumMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Parallel Trade: Rebranding Of Generic Medicine To Originator Brand Name Constitutes Trade Mark Infringement

    In reaching this conclusion, the Court referred to the Belgian regulatory framework which embraces the principle of "therapeutic freedom" which, as a rule, prohibits substitution in the deliverance of medicines.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ASA Rules Ad Claim A Leno-Go

    The email from Lenovo featured text which stated "You're in the know. Insiders get first access to email exclusive deals, product releases, and Lenovo news. Get 10% off any product".
    BelgiumMedia, Telecoms, IT, Entertainment
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    European Commission Fines Google € 1.49 Billion For Abusing Its Dominant Position In Online Advertising

    On 20 March 2019, the European Commission announced that it had issued a decision imposing a € 1.49 billion fine on Google for breaching Article 102 of the Treaty on the Functioning of the European Union.
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Landmark Judgement From The CJEU For Online Operators Whose Business Model Is Based On Personalized Content And Advertisement

    On July 4, 2023, the highest EU court issued a landmark judgment in Case C-252/21, where the German court referred several questions for a preliminary ruling related to (i) the interplay between...
    European UnionPrivacy
    Steptoe LLP
    Steptoe LLP
  • Article

    Limits On Comparative Price-Based Advertising Between Shops Of Different Sizes

    With reference to the case at hand, the ECJ found information concerning the difference in store sizes on which the price comparison is based to be material.
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Debranding And Rebranding Imported Products Constitutes Trade Mark Infringement

    On 25 July 2018, the Court of Justice of the European Union held in case C-129/17, Mitsubishi Shoji Kaisha Ltd & MCFE BV v. Duma Forklifts NV and GSI International BVBA, that the debranding and rebranding ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    A Step Forward In Green Marketing Regulation: EU Directives Target Greenwashing And Strengthen Requirements For The Use Of Green Claims And Environmental Labels

    At a time when consumers have become increasingly aware of sustainability issues, it is sometimes difficult to find one's way through the various green claims and environmental labels.
    BelgiumMedia, Telecoms, IT, Entertainment
    ALTIUS
    ALTIUS
  • Showing 1–20 of 68 results

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