October 07, 2019
PETILLION firm nominated for Trends Legal Awards in the following categories:
1) Dispute Resolution, Arbitration and Mediation
2) IP, IT, TMT
The Winners will be known on 19 November 2019.
August 04, 2019
PETILLION provides further insight to Managing IP on the implications of the recent Red Bull ruling regarding colour marks
Managing Intellectual Property (MIP) has interviewed Alexander Heirwegh on the EU Court of Justice's recent ruling regarding Red Bull's application for colour combination marks. A ruling which can have significant implications on existing colour mark registrations that are not sufficiently precise to meet the 'precision threshold' of the EUTMR.
Alexander talks about the importance for colour mark applicants to choose the right words when ‘wordsmithing’ the verbal description accompanying the graphical representation of their colour mark application, especially for colour combinations.
He determines that the challenge will be to specifically tailor a description to be sufficiently precise, while allowing the biggest scope of protection for the trademark owner.
You can read the article online on MIP's website here.
April 10, 2019
PETILLION ranked as a top tier firm for Intellectual Property and for IT & Telecoms in the Legal 500 EMEA 2019
In its new 2019 rankings, the Legal 500, the provider of comprehensive worldwide coverage on recommended law firms and lawyers, has ranked PETILLION as a leading law firm in both IT & Telecoms and Intellectual Property in Belgium.
The Legal 500 reports:
"The strategic, commercial and very quick team PETILLION combines all the flexibility of a small firm with very experienced attorneys with wide-ranging knowledge spanning the IT and telecoms sectors. The group is praised for being comfortable working at the place where IP and digital meet, with a great understanding of issues from GDPR to online anti-counterfeiting. Founder Flip Petillion is a reassuringly calm expert and an excellent listener. Senior associate Jan Janssen is another key name to note, particularly for disputes."
"PETILLION is highly regarded for its expertise in IP litigation; top-level domains and domain names are a niche area of instruction for the team. The firm's copyright practice, which handles software, content and database protection matters, is another key strength."
For further info, see the Legal 500's 2019 rankings for IT & Telecoms and Intellectual Property in Belgium.
April 01, 2019
Flip Petillion provides insight in domain name enforcement and the impact of the GDPR in Managing IP, together with Scott Evens of Adobe, Steve Coates of Amazon and Nick Wood of Valideus
Managing Intellectual Property (MIP) has interviewed Flip on the current climate for trademark and domain name enforcement online, following the introduction of the GDPR.
Flip talks about the current status of the expedited policy development process (EPDP) conducted within ICANN to bring Whois in compliance with the GDPR. Flip says that it has become increasingly difficult to investigate and act against IP infringements online, and that brand owners are now required to apply other measures to obtain important contact information for IP enforcement. These include filing a disclosure request with the registrar, investigating evidence on the website, and consulting historic Whois data.
However, Flip remains positive and believes that ICANN is and will remain highly relevant for businesses and brand owners, not least because of the impending phase two of the EPDP at the organisation. Phase two aims to establish a standardised system of access to non-public (redacted) Whois data for third parties with a legitimate interest (e.g. law enforcement and IP owners) based on an accreditation framework.
You can read the article online here.
March 20, 2019
The IPKat reviews our book "Enforcement of Intellectual Property Rights in the EU Member States"
The IPKat, a widely read blogsite on international IP matters, has published a positive review of our book "Enforcement of Intellectual Property Rights in the EU Member States".
The review concludes that "the book stands out from similar multi-jurisdictional collaborative works not only by containing the full package of all EU Member States, but also by the high level of detail of how national statutory rules and case law are presented" and that it "will no doubt be an important aid for in-house counsel and litigators in managing multi-jurisdictional IP lawsuits"
You can read the IPKat's full review here.
January 15, 2019
Flip Petillion talks about Brexit and its consequences on the protection of IP rights in WIPR
The World Intellectual Property Review (WIPR) has interviewed Flip on the different Brexit scenarios and their consequences on the protection and enforcement of intellectual property rights.
Flip emphasises that a clear agreement on relevant IP issues (such as the continued protection of registered rights, the right of priority and exhaustion) and a transitionary period is important to provide legal certainty to IP owners.
The article was published in WIPR's January/February 2019 Edition.
You can also read the article online here.
April 18, 2018
The Legal 500 recommends PETILLION as a leading firm in Intellectual Property and IT & Telecoms
The Legal 500, the provider of comprehensive worldwide coverage on recommended law firms and lawyers has recommended PETILLION as a leading law firm in both Intellectual Property and IT & Telecoms. Flip Petillion is listed in the Legal 500's Hall of Fame and is further recognised as an elite leading lawyer in Intellectual property and as a recommended expert in IT & Telecoms, together with Jan Janssen and Diégo Noesen.
The Legal 500 reports:
"PETILLION was established in 2017 by well-regarded name partner Flip Petillion. It excels in IP litigation, and has carved out a niche for TLDs and domain names. It has an active copyright practice, handling content, software and database protection matters."
"PETILLION has an impressive TMT practice, with a particular niche in top-level domains (TLD). Its areas of expertise in the IT space include e-commerce, cloud computing, 4G technology and social networking. Petillion also has a strong track record in the telecoms sector. Jan Janssen and Diego Noesen are also active members of the team."
For further info, see the Legal 500's rankings for Intellectual Property and IT & Telecoms in Belgium.
April 17, 2018
Media Law International recognises PETILLION as a top-tier firm for Media Law in Belgium
Media Law International (MLI), the global guide to leading media law firms around the world has ranked PETILLION as a top-tier firm for media law in Belgium.
The guide provides comprehensive coverage of firms and practitioners with media law expertise, across 56 jurisdictions. You can find MLI's rankings for Belgium here.
April 11, 2018
GDPR: a threat to global online brand protection?
WIPR published Alexander Heirwegh's article on the risk the GDPR poses to effective IP enforcement online. Taking the impending changes to the Internet's Whois system as a prime example.
In the article he explains that ICANN's mission to adapt Whois to the principles of the GDPR has swung the data protection pendulum too far in the other direction, leaving legitimate third parties, such as brand owners and law enforcement, in the dark.
The recently proposed 'interim Whois and accreditation model' not only results in an over-implementation of the GDPR, it also leaves a lot of ambiguity and even risks a total Whois blackout when the GDPR comes into effect on May 25.
In order to avoid such calamities, IP owners should urgently take action and voice their concerns to ICANN and the data protection authorities and advocate the continued availability of public Whois information until a balanced and proportional interim Whois model is adopted.
Read the full article on worldipreview.com.
February 22, 2018
Emile & Ferdinand features Flip Petillion on his interest in law and art
Belgium's top legal publisher Larcier has interviewed Flip Petillion on his interest in law and art for its well-known Emile & Ferdinand magazine.
In the interview, Flip delves into his lifelong passion for art and how this has intertwined with his professional career as an intellectual property specialist.
You can read the article on page 7 of Emile & Ferdinand N°10.
February 22, 2018
TBO reports on PETILLION's success in domain name case for Ikea
Trademarks and Brands Online has reported on a recent UDRP decision where PETILLION successfully helped Ikea recover the domain name <ıĸea.com> after a complaint before the World Intellectual Property Organization (WIPO).
The domain name, which was used for phishing activities prior to the complaint, contained non-ASCII characters, i.e. non-latin script, to create a domain name that is virtually identical to Ikea’s trademark.
Having proven that the respondent lacked rights and legitimate interests, and that the domain name was registered and used in bad faith, PETILLION successfully obtained the transfer of the domain name <ıĸea.com> to Ikea.
Read the full article on TBO's website.
February 21, 2018
PETILLION featured in Thomson Reuters' Practical Law
Thomson Reuters invited our firm to write a structured overview of the key practical issues concerning dispute resolution in Belgium.
Click on the picture to see the front and back covers of the January / February issue.
Read the full overview on Thomson Reuters' website.
February 13, 2018
High hopes for Louboutin after AG opinion?
WIPR published Alexander Heirwegh's commentary on the Advocate General's most recent opinion in Christian Louboutin's red sole trademark case before the CJEU.
In the article he explains that, despite some commentators’ claims that the opinion on the Louboutin trademark case is ominous for the fashion designer, there may yet be hope for its red-soled shoes.
The AG determined that, in the assessment of whether the mark must be annulled because it consists exclusively of a shape which gives substantial value to the goods, no account may be taken of the reputation of the mark or its proprietor.
It is therefore not definite, considering Louboutin's reputation, that a decision of the CJEU in line with the opinion of AG Szpunar will ultimately result in the nullity of Louboutin’s trademark.
Read the full article on worldipreview.com.
January 18, 2018
De nieuwe postwet is het eindpunt van de liberalisering
Trends publiceert de column van Flip Petillion en Jan Janssen over de nieuwe postwet.
Voor hen is de nieuwe postwet - goedgekeurd door het parlement op 18 januari 2018 - het eindpunt van de liberalisering die twintig jaar geleden in Europa werd ingezet.
Voor Petillion en Janssen is de kans groot dat de nieuwe regelgeving in België anticipeert op een Europees initiatief om de liberalisering van de postsector verder te harmoniseren en aan te passen.
Een klein decennium geleden werd Petillion geselecteerd om de Belgische Staat en het Belgisch Instituut voor Postdiensten en Telecommunicatie te vertegenwoordigen voor het hof van beroep te Brussel in dossiers waarin nieuwkomers in de markt de regelgeving in vraag stelden. Petillion vertegenwoordigde de Belgische Staat en het Belgisch Instituut ook voor het Europees Hof van Justitie.
De Belgische regelgeving doorstond elke test.
October 19, 2017
Bientôt un tribunal bruxellois anglophone pour les litiges internationaux
Gilles Quoistiaux, journaliste chez Trends-Tendances, a écrit un article relatif au projet du gouvernement belge d'introduire la Brussels International Business Court.
Dans l'article, le journaliste fait référence aux points de vue de Flip Petillion, interviewé à cette occasion..
Lisez l'article de Gilles Quoistiaux sur trends.levif.be.
October 14, 2017
Beslissingen over toekennen domeinnamen moet transparanter en democratischer
Frederic Helsen wrote a one page commentary on the book Competing for the Internet. ICANN Gate - An Analysis and Plea for Judicial Review Through Arbitration, written bij Flip Petillion and Jan Janssen.
In the book the authors analyse ICANN's Internet Governance.
Read more about the book on our PUBLICATIONS page.
Read the article by Frederic Helsen in Juristenkrant.
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