Region: Germany

A reminder of the ugg-ly effects of cross-border shipping under German trademark law

A recent decision of the Higher Regional Court of Frankfurt serves as a reminder of the potential for owners of German trademarks to effectively enforce their rights against online infringers abroad.

27 May 2021

European and consumer brands dominate Clarivate’s first-ever best-protected brands list

Clarivate has published its first Top 100 Best Protected Global Brands Report, revealing that almost half of the world’s best-protected global brands are headquartered in Europe, while more than half are consumer brands.

26 May 2021

FC Barcelona and Man Utd are brand champions – the football clubs and players with the largest trademark portfolios revealed

Exclusive research from WTR can reveal that Manchester United has the largest football brand portfolio in the world, with Lionel Messi boasting the most significant number of registrations for a single player.

18 May 2021

Procedures and strategies for anti-counterfeiting: Germany

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2021

A cost-free border seizure application can be filed with the competent customs authority. If this is granted, the customs authorities will withhold suspicious goods that are intended to be introduced into the European Union or Germany.

11 May 2021

New rules for proof of use in Germany – what brand owners need to know

A German Federal Supreme Court decision has overturned German case law on proof of use in order to align with EU trademark law. While the changes may be favourable for German trademark owners, third parties may have to reassess their strategy.

06 May 2021

German Supreme Court applies CJEU DOCERAM judgment for the first time

In a case involving the alleged infringement of a registered Community design, the German Supreme Court has referred to the Court of Justice of the European Union’s DOCERAM v Ceramtec decision for the first time, signalling a shift in how the courts assess design infringement.

22 April 2021

A little story about Easter bunnies: how EU and German courts have responded to Easter-related marks over the years

With Easter around the corner, we take a closer look at the unconventional background of Easter-related marks, including the latest chapter in an ongoing dispute over the colour gold in relation to Lindt chocolate bunnies.

01 April 2021

Coty v Amazon continues: latest decision highlights the right to inspection under German Trademark Law

A case involving a third-party retailer using Amazon Marketplace to sell infringing goods has underlined the importance of inspecting products stored on behalf of others, as despite being neither the infringer nor a participant in the infringement, Amazon may have breached its duty of care by failing to enquire as to the origin of the goods.

25 March 2021

United States tumbles down Brand Finance Soft Power Index due to covid-19 response

In a star-studded launch event, Brand Finance held a virtual conference with speakers including Hilary Rodham Clinton, Carl Bildt and David Miliband.

26 February 2021

Germany

Featured in Trademark Litigation: A Global Guide 2021

The Trademark Act was modified in 2019 in order to implement EU Directive 2015/2436 (known as the Trademark Modernisation Act).

08 January 2021

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