15 May 2013
The boomerang fine

29 April 2013
Chambers Europe 2013: success for Hoogenraad & Haak

04 April 2013
The Consumer Authority, NMa and OPTA are dead, long live the ACM!

28 March 2013
Letting people ‘like’ Lätta is not always advertising

22 March 2013
Petty IP protection by Dutch police

08 March 2013
Reporting private label mandatory for cartridges

01 March 2013
Wehkamp: "fast" delivery

22 February 2013
Only for AH Bonus cardholders

15 February 2013
Health claims: information is allowed!

15 February 2013
UNDERCOVER IN NEDERLAND IS ALLOWED TO BROADCAST SECRETLY SHOT IMAGES

25 January 2013
Always HEMA! The sequel ...

04 January 2013
Dutch Data Protection Authority publishes internal reference work on the Data Protection Act

24 December 2012
Better basis for agency income during notice period

14 December 2012
D-day for health claims 14 December 2012

12 December 2012
Wine may not be called "easily digestible"

08 December 2012
Bed & Breakfasts must pay for the fact that they offer television in their rooms

07 December 2012
Limited extent of infringement, lower cost order?

06 December 2012
Becel Pro-activ: no lies

03 December 2012
As long as the disclaimer is legible

28 November 2012
The Claim List in Dutch practice: Anticipation and alternative wordings

27 November 2012
Reputation management

23 November 2012
Switching to Oxxio? Free iPad or not?!

22 November 2012
Is acquired distinctiveness in the Netherlands sufficient for trademarks?

21 November 2012
The difference is only noticeable in a direct comparison

14 November 2012
Red Bull / Lamborghini: a bull fight about genuine use

10 November 2012
New nutrition labeling rules in the UK: pay attention to the traffic lights!

07 November 2012
Brain-blasting blocks, are they protected?

02 November 2012
Hans Anders must listen up!

01 November 2012
Kraft Foods may also market "pure" chewing gum

24 October 2012
Pownews - The more provocative, the more margin

12 October 2012
Colors can change information about medicines into advertisement

11 October 2012
Snack sensibly …

10 October 2012
Old software on the digital shelf

09 October 2012
Telefoongids.com vs. SP: reputation management pur sang

08 October 2012
Google top-ads

08 October 2012
Talensshop.nl: trademark use in a domain name

05 October 2012
No design protection for technically determined characteristics

04 October 2012
Limo for all

03 October 2012
Boundaries of the visual quote

02 October 2012
The Postcode Lottery: Everyone's a winner?

28 September 2012
Tros Radar may again be critical about the BioStabil

14 September 2012
Neelie Kroes wishes rapid change in copyright law

11 September 2012
Fruity Dutch advertisements: how misleading are they?

04 September 2012
Third Party Trademark Use in Non Commercial Publications

31 August 2012
Sweetener from nature

16 August 2012
The freedom of expression of the Advertising Code Committee

08 August 2012
100% Organic? Well-substantiate this claim!

20 July 2012
Athletes in advertising during the Olympics: Rule 40 Guidelines

19 July 2012
Publication: 10 years General Food Law in The Netherlands

13 July 2012
European Commission poposes easier music licensing

10 July 2012
The Dutch Telemarketing Code revised

22 June 2012
Music publishing: wake-up call

22 June 2012
National Postcode Lottery's been hit in the wallet!

15 June 2012
Dutch newspaper De Telegraaf is not allowed to publish program details

12 June 2012
An A-brand: what's in a name?

11 June 2012
Alpro Mild & Creamy: no yoghurt, but a yoghurt alternative

10 June 2012
OK to show Prime Minister Rutte laughing (or even scoffing)

09 June 2012
Rutte doesn't want to be a poster child for Dance Valley

08 June 2012
Janey, impossible to capture on film

08 June 2012
Chipshol: advertising the concept that X is a bad guy

07 June 2012
Expanded possibilities for using AdWords

07 June 2012
Medication advertising: “… relieves the pain where you need it”

06 June 2012
GasPedaal.nl/AutoTrack.nl: substantial database access or not?

31 May 2012
Food and Product Watchdogs

30 May 2012
Marktplaats: no prior check for copyright violation

20 May 2012
List of health claims finalised at last

17 May 2012
Stringent rules for tracking cookies

16 May 2012
Car industry beware: entry price should include delivery costs!

11 May 2012
Dutch Cookie Act is amended

04 May 2012
Slimbread: also Board of Appeal applies article 13-list of the Claims Regulation

02 May 2012
Hoogenraad & Haak wins BALTERIO-case

24 April 2012
Hoogenraad & Haak wins pudding case for De Natuurhoeve!

23 April 2012
Hoogenraad & Haak Advertising Law Firm 2012!

18 April 2012
Vichy misleads consumers with advertisement for anti-aging cream

11 April 2012
Legal 500 recommends Hoogenraad & Haak for IP and Media+Entertainment

03 April 2012
Trade union FNV may use laughing prime minister Rutte in TVC.

22 March 2012
Hoogenraad & Haak listed in The World's Leading Trademark Professionals

07 March 2012
On copyright Protection for databases (CJEU: Football Dataco)

02 March 2012
Slimbread: RCC prematurely applied article 13-list Regulation on Claims?

28 February 2012
Gillette vs. Wilkinson: which razor blade results in the smoothest shave?

25 February 2012
New Labelling Regulation

15 February 2012
Is a voice protected?

13 February 2012
Rectification posters in all Dirk van den Broek stores

10 February 2012
Caroline II: Entertainment press - Government Information Service 1-1

01 February 2012
Albert Heijn successfully claims correction of comparative advertising

20 January 2012
Hema misleads: Always or forever?

20 January 2012
Calendars, posters and canvases: different ways of exploitation?

14 January 2012
BREIN vs. Ziggo and XS4ALL: from the phantom ship to the gangway

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

25 November 2011
Starting from € xxx bargains: watch out!

24 November 2011
Facebook maintains strict advertising rules

22 November 2011
Swan song of the paper collection of cuttings

21 November 2011
TUC and Apéro: the point of trademark packaging

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

18 November 2011
Bullfight: Red Bull / Osborne (TORO XL)

17 November 2011
"What you see is what you get"... (or not?)

16 November 2011
The "Gouden Windei" contest: misleading product names?

15 November 2011
Greetings from the neighbours!

15 November 2011
Honors for Hoogenraad & Haak

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!

23 September 2011
Interflora: on brand names, AdWords and comparative advertising

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

29 July 2011
Parody, not a tobacco advertisement

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

THE END OF COOKIE-ADVERTISING ON DAY NURSERIES

The end of cookie-advertising on day nurseries Any advertising of foods is now banned at crèches, nurseries and kindergartens, regardless of which group is targeted with the advertising. Furthermore: no more food advertising aimed at children under 7 years. So no ads anymore for a tasty treat in Donald Duck magazine. But also in magazines and on TV / radio stations for adults still a significant limitation applies: when more than 25% of the audience are children under 7 years, advertising is also banned. How to prove? By generally accepted research in the market area. Who should prove? Yet the person who complains to the Advertising Code Committee . It is then up to the advertiser as a defence to provide the results of the research into the coverage of his advertising campaign. The enhanced code has come into effect under pressure from the Government, which threatened with legal prohibitions. The Consumer Association is opposed to the new code because the code should not be strict enough. For this reason the Consumers Association did not ratify the code. Nevertheless, the code became into effect, and it did so - retroactively - since February 1, 2010. On the other hand, a number of major food producers on the market voluntarily adopted a company policy: no advertising towards minors under 12 years old (unless the product is nutritionally sound). These companies are Coca Cola, Burger King, Nestlé, Mars, Kraft, Danone, Ferrero, Pepsico, Unilever, General Mills, Kellogg. The new code also implements the rules of the Claims Regulation. For the Dutch text please refer to www.reclamecode.nl (scroll down to page 100 to 104, unfortunately the Advertising Code Committee has no English text available yet). Ebba Hoogenraad




Logo


THE END OF COOKIE-ADVERTISING ON DAY NURSERIES

The end of cookie-advertising on day nurseries Any advertising of foods is now banned at crèches, nurseries and kindergartens, regardless of which group is targeted with the advertising. Furthermore: no more food advertising aimed at children under 7 years. So no ads anymore for a tasty treat in Donald Duck magazine. But also in magazines and on TV / radio stations for adults still a significant limitation applies: when more than 25% of the audience are children under 7 years, advertising is also banned. How to prove? By generally accepted research in the market area. Who should prove? Yet the person who complains to the Advertising Code Committee . It is then up to the advertiser as a defence to provide the results of the research into the coverage of his advertising campaign. The enhanced code has come into effect under pressure from the Government, which threatened with legal prohibitions. The Consumer Association is opposed to the new code because the code should not be strict enough. For this reason the Consumers Association did not ratify the code. Nevertheless, the code became into effect, and it did so - retroactively - since February 1, 2010. On the other hand, a number of major food producers on the market voluntarily adopted a company policy: no advertising towards minors under 12 years old (unless the product is nutritionally sound). These companies are Coca Cola, Burger King, Nestlé, Mars, Kraft, Danone, Ferrero, Pepsico, Unilever, General Mills, Kellogg. The new code also implements the rules of the Claims Regulation. For the Dutch text please refer to www.reclamecode.nl (scroll down to page 100 to 104, unfortunately the Advertising Code Committee has no English text available yet). Ebba Hoogenraad