expertises

ARQUE specialises in trade mark litigation and advice. Trademarks are the distinguishing signs of a company. These can be words, logos, colours, shapes or combinations of these. ARQUE assists companies that:

  • want to know whether their distinguishing signs are eligible for trademark protection and how they can best protect them.
  • are confronted with a demand letter from a third party in which they are ordered to cease using a certain sign.
  • wish to act against a competitor that is using a sign that is identical or similar to their mark (trademark infringement).

The trade name is the name of a company. ARQUE helps companies that are accused of trade name infringement, i.e. of using a trade name that causes confusion with an older trade name, or want to summon another company to stop using a confusingly similar trade name.

ARQUE is a specialist in the field of copyright. Copyright protects original works such as photos, texts, musical works, software and designs. Companies and individuals can contact ARQUE when they:

  • wonder whether copyrights apply to a work created for/by them.
  • have a conflict with a third party about the ownership of a copyright protected work.
  • come across a copy or another form of counterfeiting of a copyright protected work in the market or are themselves accused of copying/counterfeiting someone else’s copyright protected work.
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Design right, protects drawings (such as prints) and models (designs) such as the appearance of a product. ARQUE advises entrepreneurs on whether and how a design right can be registered, and assists entrepreneurs in disputes about design rights.

Competition is allowed, but there are limits. When these limits are exceeded, for example when a product not protected by intellectual property rights is copied in an unauthorized manner or when companies act unlawfully towards each other in another way, ARQUE shows companies the way.

Advertising is also subject to limits: advertising may not be misleading and a comparison with competitors may only be made under certain conditions. ARQUE advises and, if necessary, litigates on these types of issues.

Freedom of expression is a great asset and may only be restricted in exceptional cases. ARQUE assists individuals and companies who believe that a third party is making unlawful statements about them, or who are themselves accused of making such statements.

Good preparation is half the battle. Many disputes could have been avoided if the parties had (better) recorded the agreements in advance. ARQUE helps companies to prevent disputes as much as possible by advising on agreements and drafting them. Examples of contracts that ARQUE specializes in: Transfer and license agreements, coexistence agreements, confidentiality agreements (NDAs), research and development (R&D) agreements, assignment agreements.

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