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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.

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. 

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 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.

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.

17 August 2018

A-Z guide of EU trademark court practice and performance: Finland to Hungary

In the second of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years.

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.

27 April 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors.

12 April 2018

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky.