01 February 2012
Albert Heijn successfully claims correction of comparative advertising

20 January 2012
Hema misleads: Always or forever?

23 December 2011
Gillette and Wilkinson: comparative advertising

20 December 2011
ECtHR RTBF/Belgium: Preventive publication ban not provided by law

20 December 2011
New advertising code Email

15 December 2011
222 approved health claims

05 December 2011
Credit warning on sponsored shirts?

05 December 2011
NEWS 2011-3, Hoogenraad & Haak, Advertising+IP Advocaten

02 December 2011
In-house forwarding a digital newsletter - is that allowed?

28 November 2011
Service station(s) breach Dutch alcohol legislation

19 November 2011
Maarten Haak chairs autumn meeting of Benelux Trademark and Design Association 2011

15 November 2011
Greetings from the neighbours!

27 October 2011
The Oxxio-guy in a tv commercial of NLEnergie is permissible humour!

17 October 2011
Commercial Code for Alcohol follows the mood of the moment

29 September 2011
Old Amsterdam cheese is in fact a youngster!

21 September 2011
Miffy parody allowed (Netherlands)

20 September 2011
Discount is not 'free'

30 August 2011
Qualifications of the chairman of the Advertising Code Committee (ACC)

15 August 2011
Limburg Asparagus cream soup: not misleading

03 August 2011
Implied consent LinkedIn for using photos and names

20 July 2011
Mediq must change its logo

18 July 2011
Web shops can be held liable for the sale of counterfeit goods

08 July 2011
Advertising law + IP NEWS 2011-02

06 July 2011
De Natuurhoeve wins packaging case against FrieslandCampina

04 July 2011
One stop shop for copyrights?

27 June 2011
Health claim in Google Ad or Twitter?

17 June 2011
Maurice de Hond - convicted under civil law and criminal law

10 June 2011
Copyright ready for a change

01 June 2011
Volume of television commercials is turned down!

27 May 2011
Slips, cups and extra straps

25 May 2011
New SMS Advertising Code as of 15 May 2011

17 May 2011
Cheers!

10 May 2011
Apprentice Uitgevers must publish a rectification in the journal Adformatie

21 April 2011
Constraint against DVD pirates

19 April 2011
New logo Air France lacks distinctiveness

08 April 2011
Mentioning BHP in advertisements for cars?

04 April 2011
Hotelkamerveiling.nl / Hotelveiling.nl: descriptive trade names

01 April 2011
Online prior art in Community Design Law

31 March 2011
Dictated by their technical function

23 March 2011
ECJ Adword case: Louis Vuitton loses case from Google

22 March 2011
MyP2P must stop showing live streams

15 March 2011
Advertising law + IP NEWS 2011-01

11 March 2011
Dafurnica: Is free speech at risk?

10 March 2011
Hoogenraad & Haak: Advertising Law Firm of the Year

25 February 2011
About computer monitors and beer

14 February 2011
Speedy settlement decisions of the RCC

10 February 2011
Transfer from poster to canvas copyright infringement in the Netherlands?

07 February 2011
The claim “100% biodegradable” violates the Environmental Advertising Code

28 January 2011
KOAG / KAG website compliance

04 January 2011
Energy+ constitutes unlawful comparative advertisement by using the AdWord TEMPUR

24 December 2010
Again a new Dutch advertising code: The Code Postfilter

10 December 2010
Advertising Law + IP NEWS | newsletter on Dutch and EU developments

10 December 2010
Suit Supply billboards are permitted!

29 November 2010
Adult movie star Kim Holland successfully sews videosite for copyright infringement (Netherlands)

26 November 2010
Editorial Swinglevend with hyperlink to website = still advertising!

18 November 2010
False advertising in the Netherlands

12 November 2010
The case of Sinterklaas

01 November 2010
Netherlands: “100% natural flavour“ is allowed!

21 October 2010
Olm: Ad fundum or ad Advertising Code Committee?

17 October 2010
Complaints about film poster for horror 'Sinterklaas'

08 October 2010
Guidelines for clinical information

01 October 2010
Health claims: some time left

15 September 2010
ECJ: no trademark protection for Lego brick

10 September 2010
Advertising law + intellectual property NEWS - the Netherlands | Hoogenraad & Haak advocaten

25 August 2010
Apple puts a stop to the eiPott

19 August 2010
30 seconds RECTIFICATION ON TV | Netherlands comparative advertising

13 August 2010
Wakker Dier may continue broadcasting its radio commercial against the C1000

04 August 2010
No pictures please: Portrait Rights in the Netherlands

26 July 2010
EU Report on Customs Enforcement

21 July 2010
Ziggo does not have to block The Pirate Bay

14 July 2010
ECJ: Additional rules for brand AdWords and trademarks

08 July 2010
One year free electricity: not for everyone!

29 June 2010
top level domain .xxx for adult content

24 June 2010
Advertising law + intellectual property NEWS 2010-02

22 June 2010
Balloons are more dangerous than you think! | Hoogenraad & Haak advocaten

17 June 2010
New green EU-logo for organic products

04 June 2010
Mandatory warning for food colours in sweets

27 May 2010
Board of Appeal upholds cancellarion Crocs RCD

26 May 2010
Chambers Europe recommends Hoogenraad & Haak for IP in the Netherlands

25 May 2010
GeenStijl: Broad interpretation of press exception

20 May 2010
The flash regulation: acquire permission first

06 May 2010
The song remains the same: no entitlement to SENA-monies for studio producer

29 April 2010
Not satisfied: no delivery costs!

23 April 2010
Infringement? Trademark owner has many tools.

10 April 2010
Advertising Code Commission: no trademark and copyright issues anymore!

10 April 2010
Advertising Code Commission: no trademark and copyright issues anymore!

26 March 2010
Hoogenraad & Haak increases its team

17 March 2010
Not 16? Not a drop

05 March 2010
EFSA again rejects a lot of health claims

25 February 2010
A less good defence: "I did'n know that IP right"

24 February 2010
Fatboy, the Original?

13 February 2010
The end of cookie-advertising on day nurseries

04 February 2010
Dutch Consumers' Association loses in summary proceedings against T-Mobile and Vodafone.

27 January 2010
Is the use of a CTM in only one member state enough?

22 January 2010
Buma/Stemra: sink or swim

21 January 2010
Slogans can be a trademark after all!

15 January 2010
Not paying the SRC- contribution? Advertisers on black list

07 January 2010
Not 16? Not a drop

24 December 2009
Miffy now has its line after all - copyright law in the Netherlands

17 December 2009
Zero communication costs for promotional game of chance

14 December 2009
Advertising law + intellectual property NEWS 04/2009

12 December 2009
Advertising Congress 2009: broader definition of advertising

11 December 2009
.eu domain names: also in Chinese and Greek

19 November 2009
Swinglevend II: Referring to 'an expert' is also not permitted

16 November 2009
What 'virtual' reality?

02 November 2009
Calcium and vitamin D for bone growth kids!

28 October 2009
Jackpot € 27,5 million will fall guaranteed = not misleading

22 October 2009
Artisanal supermarket bread not misleading

15 October 2009
EFSA strict on article 13.1 ‘general function’ claims!

06 October 2009
Low threshold for CTMs to gain a reputation

02 October 2009
Stricter rules CO2 fuel consumption since 1 October 2009!

01 October 2009
No more ringtones and branded sports equipment for alcohol advertising

22 September 2009
AdWord use of trademarks not infringing, Google not liable

18 September 2009
Socialist Party sends unwanted advertising material

08 September 2009
No Dutch ban on advertisement for sweets

06 September 2009
Are LEGO blocks protected in the Netherlands?

26 August 2009
Mininova ordered to remove bit torrents

21 August 2009
The Elwood rules: copyright law in the Netherlands

11 August 2009
KPN and Getronics oppose against abuse

06 August 2009
Increased control by VWA for compliance with Nutitrion claims!

31 July 2009
Who has the rights on the campaign posters of Obama?

24 July 2009
Just-Eat: no tradename nevertheless unlawful!

17 July 2009
Swinglevend article '12 cents per day' = advertising

09 July 2009
No brand protection for BOUNTY bar

03 July 2009
Copyrights belong to client?

20 June 2009
L'Oréal/Bellure: new rules for marks with a repute

18 June 2009
NUCLEAR ENERGY IS NOT ‘CLEAN ENERGY’

11 June 2009
Trademark owners: register with Facebook!

05 June 2009
Thou shallt not spam

23 May 2009
Sapph lingerie ‘Less Dress to impress’ is allowed

28 April 2009
British anti-domestic violence ad too brutal to be shown

24 April 2009
Sarkozy, do not complain!

15 April 2009
Fraude Chamber of Commerce stopped

09 April 2009
2 new advertising codes since 1 April 2009

01 April 2009
Caution: Borrowing money costs money

28 March 2009
Organic coloured Easter eggs

20 March 2009
CROCS under fire: Makro sells 'Clogs'

16 March 2009
A snowstorm of Nijntjes

05 March 2009
Dutch Advertising Code Committee: “Nuclear energy is not clean”

23 February 2009
MPC4 advertorial = advertisement (life without pain)

13 February 2009
Dedicated search engine infringes database rights

16 January 2009
Stunting with Björn Borg boxer shorts

30 December 2008
Dutch Senate passes new Media Act

19 December 2008
Starting January 1st: no more alcohol commercials between 6.00 am and 9.00 pm

15 December 2008
PepsiCo wins summary proceedings against G-Star

12 December 2008
Tell-a-friend permitted under conditions

01 December 2008
No absolute protection for famous marks

17 November 2008
Final Sale and 'the bottom line'

17 October 2008
LIEF! distinctive for children and baby clothes

03 October 2008
Johma free-range egg salad: What's in a name?

12 September 2008
Quit drinkers? Snow Beer is coming!

22 August 2008
This parody was not allowed. Justified or not?

30 June 2008
Are comments of buzzers commercial communications?

26 June 2008
Website liable for 'user generated content'?

19 June 2008
New Advertising Code for Alcoholic beverages from 1 July 2008

15 June 2008
O2: No trademark action against comparitive advertising!

11 April 2008
Official opening Hoogenraad & Haak advocaten

03 April 2008
Antispam rules could block news (Netherlands privacy)

25 February 2008
New Commercial Code: deception and dishonest trade

24 February 2008
Wilders, Marlboro and the International Socialists (Dutch portrait law)

15 February 2008
Comparative advertising: more use of trade marks?

29 January 2008
Chasing illegal downloaders more difficult

21 January 2008
Numerical .nl domain names also possible

14 December 2007
Ebba Hoogenraad chairs Advertising Congress

03 December 2007
Hoogenraad & Haak advocaten in Emerald House

24 September 2007
New niche firm advertising + intellectual property

ALBERT HEIJN SUCCESSFULLY CLAIMS CORRECTION OF COMPARATIVE ADVERTISING

Albert Heijn successfully claims correction of comparative advertising


The Dutch supermarket Dirk van den Broek must correct a comparative advertisement. In a one page ad in some national newspapers Dirk van den Broek compared a 'shopping cart' with some products from market leader Albert Heijn. Dirk's advice: "Come to Dirk, that is 20% cheaper!". Not! So showed Albert Heijn to the Amsterdam Interlocutory Court. The prices stated were proven incorrect, the products cannot be compared, the calculation is incorrect and even the percentages have been calculated on a wrong basis (detrimental to Albert Heijn).

The Amsterdam Interlocutory Court has now ordered Dirk van den Broek to correct its misleading advertising: a half page rectification in the national newspapers De Telegraaf and Algemeen Dagblad in which the false advertising had been published. Furthermore in all stores a rectification poster must be shown during a week. The Court did not take long to decide: the session took place yesterday, and today a judgment was rendered already. That makes sure that the rectification will be published nationwide on Saturday. The ordered rectification is as clear as it can be. Anyone can compare prices, but the comparison must be in accordance with the strict rules for comparative advertising.

Maarten Haak

In this case Albert Heijn is represented by Hoogenraad & Haak (Ebba Hoogenraad and Daan van Eek, specialists in Dutch advertising law)





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ALBERT HEIJN SUCCESSFULLY CLAIMS CORRECTION OF COMPARATIVE ADVERTISING

Albert Heijn successfully claims correction of comparative advertising


The Dutch supermarket Dirk van den Broek must correct a comparative advertisement. In a one page ad in some national newspapers Dirk van den Broek compared a 'shopping cart' with some products from market leader Albert Heijn. Dirk's advice: "Come to Dirk, that is 20% cheaper!". Not! So showed Albert Heijn to the Amsterdam Interlocutory Court. The prices stated were proven incorrect, the products cannot be compared, the calculation is incorrect and even the percentages have been calculated on a wrong basis (detrimental to Albert Heijn).

The Amsterdam Interlocutory Court has now ordered Dirk van den Broek to correct its misleading advertising: a half page rectification in the national newspapers De Telegraaf and Algemeen Dagblad in which the false advertising had been published. Furthermore in all stores a rectification poster must be shown during a week. The Court did not take long to decide: the session took place yesterday, and today a judgment was rendered already. That makes sure that the rectification will be published nationwide on Saturday. The ordered rectification is as clear as it can be. Anyone can compare prices, but the comparison must be in accordance with the strict rules for comparative advertising.

Maarten Haak

In this case Albert Heijn is represented by Hoogenraad & Haak (Ebba Hoogenraad and Daan van Eek, specialists in Dutch advertising law)