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Dutch glory: design, fashion & IP Lecture Gino van Roeyen 19 March 2009 “What’s bubbling in the IP laboratory?”
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Page 1: Dutch glory: design, fashion and IP

Dutch glory:design, fashion & IP

Lecture

Gino van Roeyen

19 March 2009

“What’s bubbling in the IP laboratory?”

Page 2: Dutch glory: design, fashion and IP

We’ve come a long way!

← “Watch out for counterfeit!”

Page 3: Dutch glory: design, fashion and IP
Page 4: Dutch glory: design, fashion and IP

From delft blue towards lingerie …

Page 5: Dutch glory: design, fashion and IP

An interview with Marlies Dekkers

Page 6: Dutch glory: design, fashion and IP

Court case Marlies Dekkers vs. Sapph

Page 7: Dutch glory: design, fashion and IP

Viktor & Rolf

Haute couture, prêt-a-porter, V&R by H&M, spectacles, jewelry, shoes, perfumes

Page 8: Dutch glory: design, fashion and IP

Ornamentation for bags and luggages: V&R?

Page 9: Dutch glory: design, fashion and IP

G-Star, Moooi en Spyker

Page 10: Dutch glory: design, fashion and IP

G-Star Elwood Gsus

Trade mark, design and copyright

Page 11: Dutch glory: design, fashion and IP

We LOVE Holland!

Hella Jongerius

Alexander van Slobbe

Orson+Bodil

Daryl van Wouw

Spijkers en Spijkers

Source: mila-loveology.blogspot.com

Page 12: Dutch glory: design, fashion and IP

Marcel Wanders – Wanders Wonders

Big Shadow lamp Aldenkamp Verlichting

District Court Zutphen 2008, infringement of copyright and passing off

Page 13: Dutch glory: design, fashion and IP

Two “snacks”

District Court ‘s-Hertogenbosch 2008: no shape mark

District Court The Hague 2008: not only

ornamental, but no similarity

Page 14: Dutch glory: design, fashion and IP

Jan Jansen vs. Armani (2005)

Jan Jansen has designed a shoe in 1994 (the 'Tutti Piedi'), which is folded as it were

from one piece of leather. The shoe has a minimum of stitching, three foldings on each

side, five foldings on the upperside and a lace fastener, while one long lace is threaded

through little holes installed around the foldings from the top to the bottom. The sole of

shoe bears the name Jan Jansen. Armani has put a shoe on the market, which is also

folded from one piece of leather, with three foldings on each side, five foldings on the

upperside and a threaded lace fastener according to the same principle as used in the Jan Jansen shoe.

Page 15: Dutch glory: design, fashion and IP

Anthon Beeke vs. Louis Vuitton (2007)

Nude alphabet Beeke 1970

Louis Vuitton 2007

Vogue 1940

Page 16: Dutch glory: design, fashion and IP

Piet Hein Eek vs. Esfera (2007)

§ The Presiding Judge:

- orders defendants to refrain from any and all infringements on

the copyright of Eek B.V. by multiplication and/or disclosure of similar designs of the 'waste-table' and 'waste-closet' directlyafter this decision is served to defendants

Page 17: Dutch glory: design, fashion and IP

The future: Maarten Baas and DeMakersVan(Joep and Jeroen Verhoeven and Judith de Grauw) & many others …

The beauty and character of burned wood is now captured in a long lasting

material, creating the strange sensation of sitting on burnt furniture.

Page 18: Dutch glory: design, fashion and IP

Confusious

Everything has beauty, but not everyone sees it: Confucius

The bag. Object of desire. Not seldom a tic. For

each occasion another one. Pure for the shape. Away from content! A few distinct lines will do. A delight for the eye. To be seen. Less is more. And especially more flat, lighter and transparent.

Page 19: Dutch glory: design, fashion and IP

Even Fokke & Sukke cannot walk away from Dutch design

Fokke & Sukkecan’t sleep at all

It follows the

shape of your

body ... a realsensation

What a seller eh? ... thismegalith specialist

Page 20: Dutch glory: design, fashion and IP

Thank you for your attention

Gino van Roeyen

t: +31 73 – 692 77 05

f: +31 73 – 692 77 84

e: [email protected]