Observations on the Nature of Fixation in U.K. and Dutch Copyright Law

Abstract

A dispute arising from a claim of copyright infringement of a taste was heard in a Dutch court, the Rechtbank Gelderland, on April 2, 2015. Both parties in the case are food manufacturers. Levola Hengelo, the claimant, is known for its range of yogurt products, and Smilde Foods, the defendant, has a long established reputation for creating sauces, quiche, and margarine products. Levola seeks an injunction against Smilde's product, Witte Wievenkaas, a cream cheese dip, claiming not only that Levola's product enjoys copyright protection with respect to the judgment given about perfume scents in Kecofa v. Lanc6me, but also that the taste of Smilde's dip resembles Levola's product, Heks'nkaas, to such a degree as to warrant a claim for infringement under Article 13 of the Dutch Copyright Act of 1912.