Thijs van Aerde

Thijs van Aerde

Advocaat | Counsel

Contact

+31 20 605 65 93
+31 6 4155 7812

Languages

Dutch
English
German
French

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Thijs specialises in Supreme Court litigation, as well as representing clients before the European Court of Justice and the lower Dutch courts. Since Thijs joined Houthoff in 2006, he has litigated more than 100 cases before the Dutch Supreme Court and many cases before the lower Dutch courts. Thijs focuses on issues related to intellectual property law, contract law, tort law, and procedural law matters. Thijs is a Domain Name Panelist for the World Intellectual Property Organization (WIPO). In this capacity, he renders decisions in domain name disputes under the Dispute Resolution Regulations for .nl Domain Names.

  • “Thijs is easy to communicate with (he does not overcomplicate matters) and has delivered excellent results for my client. Very happy with his services.”
    Legal 500, Trade marks, copyrights and design rights (2021 Edition)
  • “Our firm thinks Thijs he is a great sparring partner and would highly recommend Thijs with our clients dealing with cases before the Dutch supreme court.”
    Legal 500, Trade marks, copyrights and design rights (2021 Edition)
  • “Thijs van Aerde is best known for his work before the supreme court.”
    Legal 500, Patents (2021 Edition)
  • “Thijs van Aerde is a very knowledgeable and experienced IP litigator before the Dutch Supreme Court. He is strategic, analytical but at the same time very pragmatic. He delivers excellent work and has an impressive track record.”
    Legal 500, Trade marks, copyrights and design rights (2021 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2021 Edition)
  • “Thijs van Aerde is a great sparring partner and is highly recommended on cases before the Dutch Supreme Court.”
    Legal 500, Trade marks, copyrights and design rights (2021 Edition)
  • “His meticulous manner is remarked upon by clients, one saying that ‘he does his homework well and thoroughly.’”
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2021 Edition)
  • “Sources pick Thijs van Aerde out as ‘a rising star’ in Supreme Court IP litigation, adding that he is ‘quick to pick up relevant issues and a pleasure to work with.’”
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2020 Edition)
  • Up and Coming
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2020 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2020 Edition)
  • Leading Individual
    Legal 500, Trade marks, copyrights and design rights (2020 Edition)
  • “Thijs stands out as a Supreme Court lawyer in patent litigation matters. He is very creative and gets to grips quickly where complex subject matter is concerned.”
    Legal 500, Patents & Trade marks, copyrights and design rights (2020 Edition)
  • Up and Coming
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
  • “Clients report that he is ‘flexible and thinks along with us.’”
    Chambers Global & Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2019 Edition)
  • “Thijs Van Aerde is ‘great to work with, is very strong in his field and has a great personality.’”
    Legal 500, Trade Marks, copyrights and design rights (2019 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2019 Edition)
  • Leading Individual
    Legal 500, Trade Marks, copyrights and design rights (2019 Edition)
  • Up and Coming
    Chambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
  • "Clients describe him as a 'very pleasant lawyer with good skills'."
    Chambers Europe, Intellectual Property: General - Mostly Trade Mark/Copyright (2018 Edition)
  • Recommended
    Legal 500, Media and Entertainment (2018 Edition)

He also lectures on litigating IP cases before the Dutch appeal courts. He is a member of the Dutch Association of Civil Cassation Lawyers (VCCA), the Dutch Association for Procedural Law (NVVP) and the Dutch Group of the International Association for the Protection of Intellectual Property (AIPPI).

Qualifications & Experience

  • LL.M. Law & ICT (University of Groningen)

  • Represented the Netherlands Vehicle Authority (RDW) in a dispute concerning the domain name rdwtellerrapport.nl. The disputed domain name led to a website offering alleged RDW odometer reports, falsely suggesting that the website was affiliated with RDW.
  • Represented Brazilian multinational petroleum company Petrobras, as it sought the transfer of the domain name petrobrasbv.nl. The disputed domain name led to a fraudulent website mimicking Petrobras' official website.
  • Represented an individual, in a UDRP proceeding, who became the victim of a fraudulent domain name registration of his personal name and trademark. The disputed domain name led to a website aimed at committing identity theft.
  • The Unbundling Act requires that the integrated energy companies unbundle their network companies, and forbids privatization thereof. Three large energy companies argued that the act infringes on the right to free movement of capital and therefore does not bind them. The Dutch Supreme Court found that the Unbundling Act is in line with the right to free movement of capital. The Supreme Court reasons that the objectives of the Unbundling Act are ‘important reasons in the public interest’ and that the entailing restrictions.

     

    Click here for the judgement of the Supreme Court. 

  • Successfully representing Pictoright, the Dutch author’s rights organisation for visual creators, in copyright litigation against Allposters before both the Supreme Court and the European Court of Justice.
  • Represented telecom provider T-Mobile Netherlands against a former agent of T-Mobile in a landmark case on agency law before the Supreme Court and the referral Amsterdam Appeal Court. After the Supreme Court set the rules for calculating the due goodwill fee after termination of an agency agreement, the Amsterdam Court of Appeal decided on the goodwill fee due in this specific matter.
  • Successfully representing Rotterdam's Erasmus University Medical Centre, one of the largest and most authoritative scientific University Medical Centres in Europe, in summary proceedings before the Rotterdam interim injunction judge against a spin-off company about the licensing and development of software for laboratory information management and the early detection of hospital-acquired infections (HAI's).
  • Succesfully representing Rotterdam's Erasmus University Medical Center, one of the largest and most authoritative scientific University Medical Centers in Europe, and Erasmus University in summary proceedings before the Rotterdam interim injunction judge against a spin-off company about the licensing and development of software for laboratory information management and the early detection of hospital-acquired infections (HAI's).
  • Successfully representing Ryanair in litigation before the Dutch Supreme Court and the European Court of Justice against PR Aviation and their online booking website Wegolo which also sells tickets for Ryanair flights. The ECJ ruled that a maker of a database which is not protected by copyright or database right, may impose contractual limitations on the use of that database. The ECJ has referred the case back to the Dutch Supreme Court.
  • Early 2017, Profile launced a campaign in which it alleged that 'Profile Brand Service' (Profile Merkonderhoud) was much cheaper (up to 28%) than the service of the authorised repairers. It did not use and trademark rights of car manufacturers.

    Again, Houthoff acted on behalf of 18 car manufacturers and made an end to the Profile campaign, as Profile was unable to demonstrate that it was always much cheaper than the authorised repairers.