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Can you monopolize a colour? On colours and their protection under trademark law!
This article discusses trademark protection for colours, prompted by legal proceedings brought by US retail chain 7-Eleven against Nike over alleged trademark infringement involving colour marks. It explores the legal requirements and challenges of monopolising a colour under trademark law. The piece considers how courts assess distinctiveness and use of colour as a trademark. It situates the dispute within broader debates on brand identity protection.1 September, 2026
Publication MARQUES: CJEU rules on copyright protection for works of applied art in Mio and Konektra cases
This article reports on the 4 December 2025 ruling of the Court of Justice of the European Union in the joined Mio and Konektra cases. The decision addresses the threshold for copyright protection of works of applied art, an area historically marked by fragmented national approaches. It clarifies how originality is assessed for functional/design objects across the EU. The piece situates the judgment's implications for designers and manufacturers seeking copyright protection alongside or instead of design rights.25 August, 2026
Ezenia Coleman is undertaking an internship at Clairfort as part of the Intellectual Property, IT & Privacy team
Ezenia Coleman, a law student from the University of San Francisco, describes her internship experience within Clairfort's IP team. She discusses her background in marketing and interest in intellectual property law, along with highlights from her time at the firm, including attending a court hearing. The article reflects on the educational and professional value of the internship.25 August, 2026
Puck Koster en Michelle van Dalen sworn in as attorneys-at-law
Michelle van Dalen and Puck Koster were sworn in as attorneys-at-law at the Utrecht District Court. Both work within Clairfort's Intellectual Property, IT & Privacy team. Elise Menkhorst served as Michelle's patron, while Evert van Gelderen served as Puck's patron during the swearing-in process.18 August, 2026
Case report for MARQUES: Dutch court rules that Birkenstock sandals are protected by copyright
This case report covers proceedings between Birkenstock and retail chain Scapino, in which Birkenstock claimed copyright protection for several of its iconic sandal models. The Dutch court's ruling addresses when a product design can meet the originality threshold required for copyright protection. The report discusses the reasoning behind extending copyright to footwear designs traditionally protected mainly by design rights. It highlights implications for brand owners seeking broader IP protection for product shapes.18 August, 2026
Liability limitation periods for hidden defects in consumer contracts
This article discusses a ruling by the Amsterdam Court of Appeal of 17 December 2024 concerning liability expiry periods for hidden defects under the AVA 2013 general terms and conditions used in Dutch construction contracts. The court found these expiry periods unreasonably onerous and unfair towards consumers, and therefore unenforceable against them. The piece explains the underlying dispute involving a homeowner and contractor, and contrasts the AVA 2013 expiry regime with statutory limitation periods under the Civil Code. It also considers the wider implications for the Dutch construction industry, since similar expiry clauses appear in most standard construction terms.11 August, 2026
Jan de Wrede and Pieter Verloop strengthen Clairfort's Corporate Law and M&A team
Clairfort announced the expansion of its Corporate Law and M&A team with the addition of two experienced attorneys, Pieter Verloop and Jan de Wrede. The move strengthens the firm's capacity in company law and M&A advisory work.11 August, 2026
M&A specialist Jan Willem Reesink joins Clairfort's Company Law and M&A team
This announcement reports that Jan Willem Reesink joined Clairfort on 1 May 2025 as a partner and department head in the Company Law and M&A team. It outlines his prior experience as a partner at Banning and nine years as an M&A lawyer at Van Doorne in Amsterdam. The piece describes his practice areas, including mergers and acquisitions, corporate governance, private equity, joint ventures and shareholder agreements. It notes that his clients include Dutch and foreign companies across various sectors.4 August, 2026
Clairfort IP team again in World Trademark Review 1000 – The World's Leading Trademark Professionals
Clairfort's IP team received two silver and two bronze rankings in the 2026 edition of World Trademark Review 1000, a leading directory of trademark professionals. The recognition highlights the firm's ongoing expertise in trademark law.4 August, 2026
Publication MARQUES: CJEU rules on copyright protection for works of applied art in Mio and Konektra cases
The Court of Justice of the European Union ruled in the joined Mio and Konektra cases on copyright protection for works of applied art. The article, written for MARQUES, examines the Court's reasoning on protection requirements and the infringement test, concluding that no extra requirements apply to applied art and that infringement assessment focuses on recognisable reproduction of creative elements rather than overall impression. A follow-up piece gathered initial reactions from IP specialists across EU member states.28 July, 2026
Clairfort IP team again in World Trademark Review 1000 – The World's Leading Trademark Professionals
This article announces that Clairfort's IP team received two silver and two bronze rankings in the 2026 World Trademark Review 1000 list. It highlights recognition of the firm's trademark expertise on an international stage. The piece situates this achievement within the firm's ongoing investment in its Intellectual Property, IT & Privacy practice. It underscores the firm's continued visibility among leading trademark professionals worldwide.28 July, 2026
Case report for MARQUES: Dutch court rules that Birkenstock sandals are protected by copyright
In a case between Birkenstock and retail chain Scapino, a Dutch court considered Birkenstock's claim of copyright protection for several of its sandal models. The article, prepared for MARQUES, reports on the court's findings regarding the copyright status of the footwear designs.21 July, 2026
Liability limitation periods for hidden defects in consumer contracts
The article examines a ruling by the Amsterdam Court of Appeal finding that certain liability limitation periods for hidden defects in consumer contracts are unreasonable and unfairly onerous. It discusses the implications of this finding for businesses drafting consumer contract terms.14 July, 2026
M&A specialist Jan Willem Reesink joins Clairfort's Company Law and M&A team
Clairfort welcomed Jan Willem Reesink as a new partner in its Company Law and M&A team as of 1 May 2025. He previously worked at Banning and, before that, spent over nine years as an M&A lawyer at Van Doorne in Amsterdam, advising on mergers, acquisitions, governance and private equity matters.7 July, 2026
Clairfort welcomes Bonne Mulder to its Property & Construction team
Clairfort's Property & Construction team grew to nine specialists with the addition of Bonne Mulder. Mulder trained at a law firm in Amsterdam specialising in litigation and previously worked at a large accountancy firm before entering the legal profession.30 June, 2026No insights found
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