LXA has successfully assisted one its clients in the healthcare sector in legal proceedings relating to the alleged infringing use of a trade name. The court in first instance had ruled that there would exist a likelihood of confusion between the parties, on the basis of which the client was ordered to change its trade name. LXA has appealed against the decision of court in first instance and has successfully argued that the limited territorial scope and reach of the trade name rights at stake in combination with the lack of coinciding areas of work would not lead to any risk of confusion. Deciding anew, the court of appeals has refused all claims and requests of the opponent.
LXA assisted Smith Mountain Industries (as the trademark proprietor of several WOODWICK trademarks) in opposition proceedings at the Benelux Office of Intellectual Property in relation to the filing of a figurative mark depicting the element WOODWICK by a third party. BOIP ultimately found that the trademark application would be likely to cause confusion on the part of the public and the application must be refused. The BOIP has thus upheld the opposition by Smith Mountain Industries.
LXA advised and litigated on behalf of NP Fashion in relation to the enforcement of its copyrights on several designs, all consisting of a zig-zag pattern in different colours. By verdict of January 8, 2020 the court has acknowledged the designs as copyright protected and has ordered the defendant to cease and desist any infringement on the forfeiture of a penalty and to have the products at stake destroyed, in addition to compensating NP Fashion’s damages and reimbursing its legal fees.
LXA has advised a media conglomerate on the principle of the European Union on net neutrality under the impact of the Covid-19 pandemic on network usage, and the acceptability of actively taking certain steps to avoid network congestion.
VC specialists Nina Le Grand, Marnix Geraerts and Antony Jonkman have advised Bluetick in obtaining its pre-seed co-investment from henQ Capital Partners and ASIF Ventures for the further development of its unique search algorithm.
Startup Bluetick, developers of an online search engine for attorneys-at-law and other lawyers, collects a pre-seed co-investment of EUR 210.000 from henQ Capital Partners and ASIF Ventures.
Hemubo Almere B.V. is a multidisciplinary organisation, focused on the strategic renovation and maintenance of real estate and civil properties. Hemubo is owned by commercial (housing )undertakings/companies and housing corporations. Groen West has asked 5 companies in this field to set up a joint venture alongside Hemubo in order to structure maintenance and services and make them more (cost) efficient and sustainable.
mOOvement, a Rabobank initiative, became a separate business with its own corporate structure (a spin-off). LXA assisted with setting up this corporate structure (in NL and partially Australia), the transfer of the mOOvement business and the financing thereof.
Alcre is the shareholder of inter alia Lenco Zonwering B.V. and of Verano B.V. The activities of these companies overlapped and the opportunity arose to sell the more enduser (consumer) related activities to Next LP B.V. LXA advised Alcre on this transaction.
Our client was demanded to cease the use of its company name (tradename) subject to alleged tradename rights and trademarks of another company. This could have a major impact on the business of our client. The claimant started legal proceedings against our client. The court ruled in favour of our client and rejected all claims of the claimant. The court even awarded our counterclaim as a result whereof a trademark was revoked.
HealthInc is a 12-week accelerator program that connects startups to a network of healthcare and business professionals to support them on their innovation journey. Our work consist of onboarding 8 Health startups with global reach, and overseeing the legal side of their participation in the program.