Elise Menkhorst

Lawyer

Full biography

Elise Menkhorst is an attorney-at-law and mediator in Clairfort’s Intellectual Property, IT & Privacy team, appointed associate partner in 2021. She acts as patron for junior colleagues in the department.

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Can you monopolize a colour? On colours and their protection under trademark law! Intellectual property 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 Intellectual property 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 Intellectual property 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 Intellectual property 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 Intellectual property 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

Clairfort IP team again in World Trademark Review 1000 – The World's Leading Trademark Professionals Intellectual property 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 Intellectual property 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 Intellectual property 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

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