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13 September 2019

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest

In our latest edition, we look at Māori uproar over a New Zealand trademark application, WIPO in Hungary, MARQUES addressing long goods and services lists at the EUIPO, and much more.

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.

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, brand owners readying themselves for motion marks, and much more.

12 September 2018

Trademark procedures and strategies: Germany

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany, but details of this protection can be complex.

24 May 2018

Procedures and strategies for anti-counterfeiting: Germany

In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection of performances if additional unfair competition aspects are given, although the requirements are less strict for identical replications.

24 May 2018

Border seizure measures in the European Union

The European Union is a highly attractive business market – and a prime target for counterfeiters. The 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.

11 April 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

18 May 2017

Border seizure measures in the European Union

As a single market composed of 28 member states with 500 million consumers, the European Union is a highly attractive business market – and a prime target for counterfeiters. The 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.

18 May 2017

The costs of counterfeiting: an exemplary study of the pharmaceutical industry

In order to take concrete steps to overcome the issues that counterfeiting presents, it is first necessary to understand the full scope of the phenomenon.

18 May 2017

Procedures and strategies for anti-counterfeiting: Germany

Germany is part of the EU trademark and design systems. Thus, the EU Trademark Regulation (207/2009), as amended by EU Regulation 2015/2424, and the EU Community Designs Regulation (6/2002) apply directly to protect EU trademarks and registered and unregistered Community designs in Germany.

27 April 2017

New rules on recovery of criminal proceeds affect enforcement of IP rights in Germany

The German Parliament recently passed new rules on measures for the recovery of criminal proceeds. The rules mean that the enforcement of financial claims against criminal offenders will be widely handled by public prosecution. While the new rules may facilitate access to compensation for private parties affected by crimes, IP rights holders fighting counterfeiters may often find civil enforcement more suitable.

01 January 2017

Germany: Counterfeiting, 3D printing and the third Industrial Revolution

While three-dimensional printing is being hailed as a game changer, rights holders must consider how to adapt their IP strategies to meet the challenges of this new technology

02 November 2015

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

Following the ECJ’s ruling in Coty Germany GmbH v Stadtsparkasse Magdeburg 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.

17 July 2015

Duff Beer launches in response to counterfeits but challenges in Europe remain

The challenge of protecting fictional brand names has previously been discussed in WTR. An oft-used case study is the fictional Duff Beer, which features in TV show The Simpsons. The show’s owner, 21st Century Fox, has faced numerous companies launching Duff Beer in the real world and this week announced it was entering the beer market in Chile, partly as a bid to fight off third-party use of the brand. The company also announced that it plans to rollout Duff Beer in Europe, but a number of challenges lie ahead.

07 May 2012

Federal Supreme Court: defendant has burden of proving that goods are genuine

The German Federal Supreme Court has issued two important decisions concerning the burden of proving that products are genuine and the doctrine of exhaustion of trademark rights. These decisions could represent a major boost for trademark owners in their fight against counterfeiting and parallel imports.