Region: Germany

Border seizure measures in the European Union

Featured in Anti-counterfeiting 2016 – A Global Guide

The recently revised EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.

27 April 2016

Trademark application filed for 'The Panama Papers'; applicant reveals ambitious plans

A Munich-based marketer has applied for a trademark in Germany for the term ‘The Panama Papers’, with plans to write a movie and sell merchandise related to the unprecedented leak of 11.5 million files from the database of law firm Mossack Fonseca. An IP expert tells us that if the application progresses to the opposition stage, the International Consortium of Investigative Journalists will need to rely on unregistered rights if it seeks to prevent its registration by a third party.

12 April 2016

wetter.de cannot stop wetter DE

In a January 28 2016 decision (I ZR 202/14) the Federal Supreme Court confirmed a decision of the Cologne Court of Appeal and rejected any claims based on the name of the weather app wetter.de against the use of wetter DE and wetter-DE by a competitor.

26 February 2016

Own name defence: a global perspective

In many countries people or even companies have a defence to trademark infringement when using their own names. In this article Baker & McKenzie’s global IP team outlines where an own name defence exists and whether this extends to company names

01 January 2016

European Union

Featured in Designs 2016: A Global Guide

The dawn of three-dimensional printing has been heralded as the next technological revolution, comparable to digitalisation or the invention of the steam engine. 3D printing will bring many changes to the ways in which products are manufactured. However, many more steps must be completed before this revolution takes place.

14 December 2015

Germany

Featured in Designs 2016: A Global Guide

Design law in Germany consists of the Designs Act, harmonised to a substantial degree with the EU Designs Directive (98/71/EC) and the EU Community Designs Regulation (6/2002), which protect registered and unregistered Community designs. German design registrations are administered by the designs unit of the German Patent and Trademark Office located in Jena, Germany; registered Community designs are administered by the Office for Harmonisation in the Internal Market in Alicante, Spain.

14 December 2015

Federal Supreme Court considers banking secrecy following ECJ's Coty ruling

Following the ECJ’s ruling in <I>Coty Germany GmbH v Stadtsparkasse Magdeburg</I> earlier this year, the Federal Supreme Court has held that a bank must give information concerning the name and address of an account holder to a trademark owner in particular circumstances, and cannot invoke banking secrecy in order to avoid providing such information.

02 November 2015

Federal Supreme Court issues first decision in 'red colour' case

The Federal Supreme Court has issued its first decision in the long-running dispute between Deutscher Sparkassen- und Giroverband (DSGV) and the Santander Group over the red colour mark. Among other things, the court held that the infringement proceedings should not be suspended while the cancellation action against DSGV’s colour mark was pending. The decision covers only one aspect of the case, and the court still has to rule on the cancellation action.

13 October 2015

Federal Supreme Court substantiates relation between word marks and 3D marks

The Federal Supreme Court has held that there was no likelihood of confusion between the 3D shape of Lindt’s gold-wrapped chocolate bear and the word mark GOLDBÄREN ('gold bears'), which protects Haribo’s well-known fruit gums. The court also held that Lindt’s chocolate bear did not constitute an unfair imitation of the GOLDBÄREN fruit gums.

01 October 2015

Use of Hard Rock Cafe logo by bogus restaurant held to violate unfair competition law

The Regional Court of Karlsruhe has held that use of the original Hard Rock Cafe logo for the operation and promotion of a bogus restaurant in Heidelberg violated German unfair competition law. The case is significant because the Heidelberg restaurant started operating in the area before the official Hard Rock Cafe group entered the German market and protected its rights in the country.

28 September 2015

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