27 November 2024
Disputing an invoice due to attributable breach
When a debtor believes an invoice is unjustified, they may dispute it. In this article, I will delve into disputing invoices.
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The popularity of celebrities such as artists, actors and athletes has a commercial value.
They have the right to determine whether or not, and how, their portrait is commercially exploited. But, also less known individuals have portrait rights and in some cases can oppose commercial or other use of their portrait.
A portrait is not limited to a picture of a face, but can include other parts of the body as well. What matters is that the portrait can be identified as an individual person. It must be a recognisable image.
If a portrait is used, the person portrayed can oppose the use thereof if he or she has a ‘reasonable interest’. This interest may either be personal a commercial. For famous people, their popularity itself makes the unauthorised use of a portrait in a commercial way unlawful. Personal interest may consist of the use of a portrait in a certain undesirable context. Less known Dutch individuals may therefore also oppose certain forms of portrait use.
The attorneys of GMW lawyers have experience in advising and litigating on portrait rights. In our experience, in many cases going to court can be prevented. Often an amicable settlement can be reached, especially if the unlawfulness of the publication is more or less clear, for example in case of unauthorised use of a photograph in a negative context with which the person depicted has no connection. In some cases, however, going to court cannot be avoided. A rectification or an injunction against further publishing can be claimed in proceedings as well as compensation for damages.
GMW lawyers will be happy to help you with all your intellectual property issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our experts will be glad to support and advise you.
GMW lawyers will be happy to help you with all your intellectual property law issues. Do you have a question? Feel free to contact us.
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27 November 2024
Disputing an invoice due to attributable breach
When a debtor believes an invoice is unjustified, they may dispute it. In this article, I will delve into disputing invoices.
Read more
21 October 2024
A boost for businesses!
Recently, the House of Representatives in The Netherlands (de Tweede Kamer) adopted the Bill on Lifting Pledge Bans. With a minor amendment to Article 3:83 of the Dutch Civil Code, this law regulates that it is no longer possible to exclude the pledging of accounts receivable for financing purposes.
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22 August 2024
Foreign parties and litigation costs
In the Netherlands, we have the litigation costs order. If a lawsuit is lost, that party can be ordered to pay the legal costs.
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10 July 2024
Directors’ liability: ‘de facto director’
Dutch companies such as B.V.'s have their own legal personality and independently carry their rights and obligations. Directors can only be held personally liable for the debts of a B.V. under special circumstances.
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9 April 2024
Trust office foundations in the Netherlands
The phenomenon of converting shares into depository receipts for shares will raise many questions for the average entrepreneur. In this blog you will read the basic principles and some advantages and disadvantages of trust office foundations (Stichting Administratiekantoor or STAK) under Dutch law.
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5 March 2024
Buyout of minority shareholders
The advantages, requirements and bottlenecks of the forced buyout of the last 5%, the minority shareholders.
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21 June 2023
Private or commercial suretyship?
A lender will almost always require security when providing loans. This not only includes collateral security, such as pledges and mortgage rights, but also personal security.
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1 February 2023
Will the Baby BV evolve?
A Baby BV is a tax structure where parents set up a limited liability company. Upon incorporation of the Baby BV, their minor children are issued with shares.
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22 August 2022
Compensation for a loss in value of shares
Reduction in the value of my shares: am I entitled to compensation?
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