Jeroen Muyldermans

Jeroen Muyldermans

Intellectual Property

Dutch, English and French

Admitted to the Brussels Bar: 2007

Jeroen acts for a wide range of both national and international clients regarding all aspects of intellectual property rights, trade practices (unfair competition and trade secrets) and advertising law.

With a particular focus on trade marks, designs and copyrights, he has extensive experience in litigating some of the most renowned matters before all levels of Belgian courts as well as the Benelux Office and Benelux Court of Justice (such as case A2018/1, Damn Perignon). In addition, as co-author of the standard work ‘The Likelihood of Confusion in Trademark Law’ (2019), edited by Wolters Kluwer, Jeroen regularly acts in trade mark and design opposition and invalidity proceedings before the administrative bodies (EUIPO and Boards) as well as Courts of the European Union. Representations include many landmark cases before the General Court and Court of Justice of the European Union (including: case C-129/17, Mitsubishi; case T-905/16 and C-739/18 P, Nuit Précieuse; case T-672/16, C Commodore; T-722/16, Zero; case T-34/15 and C-437/16 P, Chempioil; case C-657/11, Best)

Jeroen lectures to students of the Benelux Association on topics of trade mark law (in particular on infringement proceedings and a trade mark’s scope of protection) and regularly speaks on seminars and events. Jeroen is an active member of different Benelux, European and International lawyers’ organisations in the field of trade marks and designs, including: BMM (as a member of the Law Committee); ECTA (as a member of the design committee); and INTA.

 

Selection of publications:

  • “The originality test fort he copyright protection of works of applied art, IRDI 2013, 113-120.
  • “The compulsory assignment of a trade mark: towards a full-fledged entitlement claim under trade mark law?), ICIP 2013/1, 41-76.
  • “first-use defense as a due cause?”, legal comment under CJEU 6 February 2014, case C-65/12, Red Bull v Leidseplein Beheer and others, IRDI 2014, 567-574.
  • “The reference person in trademark law”, Bull. BMM, 2015/3, 108-118; winner of the 2018 Wim Mak award issued by the Benelux Association for Trade Marks and Designs.
  • “The protection of shapes; some reflections on the interplay between trade marks and designs”, ICIP 2016, 320-362.
  • “The right to information on IP infringements from a Belgian perspective”, Bull BMM 2018/1, 15-22.
  • “The many faces of bad faith: the Benelux application in bad faith interpreted in accordance with EU case-law”, ICIP 2019, 455-479.
  • “Likelihood of Confusion in Trademark Law: A Practical Guide to the Case Law of EU Courts”, Kluwer Law International, 2019, 270 p.
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