Simplot obtains preliminary injunction against McCain and its “Rustic Twist” in the EU

12 September 2017
Tue, 09/12/2017 (All day)

On 12 September 2017, the preliminary relief judge of the district court of The Hague issued an injunction against two Dutch entities of the McCain group, preventing them from the manufacture and sale of McCain’s new potato product “Rustic Twist” in the European Union. The preliminary relief judge held that the Rustic Twist is a clear infringement of a Community design right held by J.R. Simplot Company (a large food and agribusiness company based in the U.S.A.), protecting a uniquely twisted potato product.

This is an important victory in Simplot’s larger international campaign against the infringement of its intellectual property rights by McCain. In Europe, multiple offices of HOYNG ROKH MONEGIER are working together closely on the various proceedings that are currently pending between these parties.  

In the Netherlands, Simplot is represented by Laura Fresco and Roeland Grijpink of HOYNG ROKH MONEGIER's Amsterdam office.

  • On 27 November 2018 the Court of Appeal of The Hague in the Netherlands reversed the first instance court’s decision, confirming the validity of AstraZeneca’s patents on their breast cancer drug Faslodex® and reinstating the earlier injunction against Sandoz in PI proceedings.
  • In the landmark Philips Nokia judgement of 1 December 2011 (joined cases C 446/09 and C 495/09) the CJEU responded to a referral by the Antwerp Court of First Instance that in the context of an infringement action it is up to the holder of the intellectual property right to demonstrate that the allegedly infringing goods are intended to be put on sale in the European Union.
  • The EUIPO has released its long awaited “Study on legislative measures related to online IPR infringements”, Carina Gommers and Stephanie Hermoye drafted the Belgian submission on civil measures.
  • Juan José Marín, Full Professor of Civil Law and founder of the Law Offices of Juan José Marín, brings his intellectual property expertise to HOYNG ROKH MONEGIER, where he will lead the copyright practice group.
  • Fabienne Brison is pleased to announce the publication of the 4th edition of "Huldeboek/Hommage à Jan Corbet: Het Belgische auteursrecht. Artikelsgewijze commentaar / Le droit d'auteur belge. Commentaire par article", published by Larcier.