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14 May 2019

Procedures and strategies for anti-counterfeiting: Germany

For civil enforcement against counterfeiting, an application must be made to the ordinary courts. Preliminary ex parte measures play an important role, but are admissible only for some of the remedies available. Claims for damages, for example, can be enforced within substantive proceedings only.

26 April 2019

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club. 

23 April 2019

Court of appeal confirms cross-sectoral protection of BMW’s famous automotive mark in luxury real estate sector

Following a long-running legal battle between German car manufacturer BMW and a Berlin-based real estate company over the latter’s use of the logo HGHI BMW, BMW has been successful on appeal before the Higher Regional Court of Hamburg.

11 April 2019

Success for BMW as German court bans rim manufacturer from imitating famous automotive trademarks

Car manufacturer BMW has successfully prevented Finland-based rim manufacturer Vannetukku.fi Oy from using signs similar to its famous automotive trademarks for car parts.

05 April 2019

How South Africa’s predicted economic upswing will create opportunities for brands and their advisors

The country is seeing increased interest from international entities - particularly from the US; this will likely grow in scale as not only the South African economy develops, but as other emerging markets on the African continent grow. 

25 January 2019

Litigation procedures and strategies: Germany

Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs. 

23 January 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880.

17 January 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners.

09 January 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers.

07 January 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply. 

07 January 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law

06 December 2018

German court asserts that Chinese manufacturer violated BMW’s trademark rights

The District Court of Hamburg has ruled that Chinese manufacturer Ninebot violated BMW’s trademark rights when it released a promotional video containing images of BMW’s MINI cars and logo.

03 December 2018

Federal Supreme Court sides with Nintendo against Bigben in design litigation

In a case regarding the infringement of a design registration protecting the shape of a controller for game consoles, the German Federal Supreme Court has upheld a refusal of leave to appeal a lower court decision in favour of Nintendo. 

06 November 2018

Who is allowed to promote a MINI coffee machine and MINI XL coffee mugs?

Car manufacturer BMW has successfully challenged coffee retailer Tchibo’s use of ‘MINI’ for coffee machines and coffee mugs before the Frankfurt District Court.

19 October 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more.