Intellectual Property

SEKAM is a collecting society that represents all Dutch television- and filmproducers. On behalf of SEKAM Le Poole Bekema started proceedings on the merits against the Dutch State. For years the State took the position that downloading from an illegal source was permitted, because the producers received a so-called private copying levy. In 2014 the European Court of Justice ruled that the private copying levy does not include the illegal downloads of movies and television series. Since downloading from an illegal source was deemed permitted for years, the producers have suffered considerable damages. On 5 September 2018 the District Court of the Hague ruled that the State is liable for the damages that the producers suffered as a result of public statements of government members that downloading of films and television series from an illegal source was permitted.


Intellectual Property

Anne Bekema and Georgina Nühn represented Unilever Plc. in proceedings concerning one of its most successful personal care brands. Unilever has instituted proceedings in several European jurisdictions claiming the invalidity of similar national trademark registrations of a competitor. The Court of Appeal in the Hague allowed Unilever’s claim for revocation of the opposing party´s Benelux trademark.


Media

Le Poole Bekema regularly advises Telegraaf Media Groep in proceedings concerning press publications. Recently Le Poole Bekema appeared before the Court of Amsterdam in preliminary proceedings regarding a #metoo matter. The Amsterdam Court ruled that the statements in De Telegraaf were sufficiently justified by the facts. In proceedings initiated by Loterijverlies, the Court of Amsterdam dismissed all Loterijverlies’ claims, including a claim for a profession ban on De Telegraaf journalists Bart Mos and Paul Jansen.


Privacy

Le Poole Bekema advises the STER (a public media institution which provides the advertising related to the public broadcaster’s programmes) on advertising and privacy questions related to the technical and commercial developments surrounding the online exploitation of advertisements. We also regularly advise the STER on issues relating to its agreements.


Media

Le Poole Bekema represents the Japanese multinational Terumo, manufacturer of injection needles and catheters, in proceedings against the Dutch broadcaster AVROTROS. AVROTROS made accusations against Terumo in several broadcasts of EenVandaag. The court of Amsterdam ruled that the accusations were unlawful and ordered AVROTROS to publish rectifications on television and on its website. In addition, the Court ruled that AVROTROS is liable for the damages incurred by Terumo which are a result of the unlawful broadcasts. AVROTROS has filed an appeal.


Intellectual Property

Le Poole Bekema represented Ryanair in proceedings concerning the website Wegolo. The website Wegolo used flight details from Ryanair’s website for its own commercial purposes, which is not permitted pursuant to Ryanair’s terms of use. In this litigation the European Court of Justice answered preliminary questions regarding contractual limitations to the use by third parties of a database, when the database does not enjoy protection on the basis of the 96/9 Directive. The preliminary questions were answered in favour of Ryanair, whereafter the Dutch Supreme Court referred the proceedings back to the Court of Appeal in the Hague. After referral, the Court of Appeal in the Hague ruled that an agreement is not established by “browse wrapping”, when the terms of use are depicted at the bottom of the website. The Court of Appeal further ruled that this outcome would be different when using “click wrapping”  (by checking a box).