29 April 2020CopyrightMichiel Rijsdijk and Marlies Wiegerinck

Netherlands jurisdiction report: Copyright faceoff for facades

The plaintiffs are Droomparken and Somnium. Somnium is engaged in the purchase and sale of recreational homes, which are rented out in the holiday parks of Droomparken. Germany-based Lacet (the defendant) is also engaged in the sale and purchase of recreational homes.

Droomparken argued that by offering the recreational home Lacet Bixx (pictured, below left) for sale, Lacet infringed the copyrights on the facade of the recreational home Cube Elite (pictured, below right).

In response, Lacet claimed that the Cube Elite is not a copyright-protected work. Alternatively, Lacet claimed that it does not infringe the copyright because the Lacet Bixx is so different from the Cube Elite that it lacks the same overall impression.

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