Netherlands: Portrait of a racer

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Netherlands: Portrait of a racer

Our world famous Dutch F1 driver Max Verstappen has won a court case he had filed against online supermarket Picnic.

Verstappen objected against a commercial in which a Verstappen lookalike was used to deliver Picnic products to its customers. The commercial refers to an earlier commercial that featured Verstappen delivering products for supermarket Jumbo. Verstappen's management's earlier claims for €350,000 were rejected in two instances.

The Courts doubted if portrait rights could be invoked as referred to in Section 21 of the Copyright Act, as Picnic did not use Max Verstappen himself but a lookalike and therefore did not use a real portrait of Verstappen.

In line with earlier jurisprudence, where the use of a lookalike of Dutch actress Katja Schuurman was considered unlawful, the Court however now ruled in Verstappen's favour. A portrait is by definition not the actual person, but an aid to portray the image of that person. The intention of Picnic was clearly to use the image of Verstappen by using an actor with the same cap, race outfit, hair color, silhouette and the same posture as Verstappen.

Furthermore, the commercial was apparently deliberately intended to parody the earlier commercial in which the real Max Verstappen appeared, by using an obvious lookalike in a similar scene and setting. According to the Courts it was doubtful if Section 21 of the Copyright Act could be relied on in case of a parody where the public is supposed to recognize the actor as a lookalike and not as Max Verstappen himself.

The Court now agreed that Picnic should be allowed the liberty to humorously express themselves in accordance with article 10 ECHR. However, this is outweighed by Verstappen's right to protect his private and family life in accordance with article 8 ECHR and to oppose the commercial use of his portrait and the exclusive license to use his image that Max has given to certain companies. Also taken into account was the fact that Picnic used the parody not merely as a joke but as a media strategy for commercial gain. Verstappen should receive a reasonable compensation for the commercial exploitation of his popularity. It was thus ruled that Picnic had violated Verstappen's personality rights by using a lookalike.

The amount in compensation Picnic will have to pay to Verstappen is yet to be determined. Verstappen, relying on Section 21 of the Copyright Act, therefore now has to motivate what damages he has suffered, for instance by substantiating what reasonable fee he could have demanded had he given consent to Picnic to use his portrait. The manner of publication on the internet, the timing and limited duration of the publication by Picnic and the fact that the commercial by Picnic did not require Verstappen's efforts will also have to be taken into account. The fact that Max Verstappen has an exclusive contract with Jumbo and is actually not free to collaborate with a competitor of Jumbo need not be taken into account.

Denys Bertels


V.O.Carnegieplein 5, 2517 KJThe HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Gift this article