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Luis José Soriano Albert  (Hoffmann Eitle)
General Court: purely defensive registrations constitute bad faith!
July 21, 2021

In its TARGET VENTURES decision of 28 October 2020 (T-273/19), the General Court stated that there could be bad faith when there were objective indicia of a dishonest intention of the trademark owner…

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Adam Lai-Chieh Wan  (Hoffmann Eitle)
Can you smell the “Cndy Brz”?
July 12, 2021

In a recent case, the German Federal Patent Court had to deal with an interesting phenomenon among word marks called "disemvoweling", a wordplay whereby the vowels of a word or text are removed (…

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Michaela Ring  (Hoffmann Eitle)
Patent and design protection not mutually exclusive – “Paper Dispenser” decision of the German Federal Court of Justice
June 23, 2021

The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…

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Alena Fischerova  (Bomhard IP )
Cocktail lovers – watch out! Are alcoholic drinks similar to non-alcoholic ones (and if only for trademark purposes)?
October 06, 2020

As readers may recall, the General Court rendered a judgment around two years ago in the Asolo v Red Bull case (known under FLÜGEL - T-150/17 of 4 October 2018) ruling on similarity, or rather…

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Bettina Clefsen  (b/cl IP)
Germany: Square-shaped packaging stays trademark protected for Ritter SPORT chocolates
July 23, 2020

    The German Federal Supreme Court today once more decided on cancellation claims against German trademark registrations for square-shaped packaging for chocolate products (Decision of 23…

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Kai Schmidt-Hern  (Lubberger Lehment )
“Boss Scents” and “Birenstocks”: Regional Court of Hamburg and Higher Court of Düsseldorf on the Use of Altered Marks by Resellers
July 02, 2020

Parties and Mark The defendant is an Amazon entity. It is responsible for Amazon’s keyword advertising on Google Ads (formerly Adwords). The plaintiff is the exclusive licensee of the trademark BOSS…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Trademark case: C5 Medical Werks LLC v. CeramTec GmbH, USA
September 17, 2019

The German manufacturer’s participation in tradeshows in Colorado was "by chance" and did not indicate "purposeful availment" of the forum state, and its efforts to enforce its asserted trade dress…

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Bettina Clefsen  (b/cl IP)
Germany: Strict Rules for Search Engine Advertising by Online Marketplaces
August 21, 2019

The German Federal Supreme Court recently ruled that the use of only one trademark in search engine advertisements by Amazon was trademark infringing when the underlying link led to a list of offers…

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Kai Schmidt-Hern  (Lubberger Lehment )
Celebrity Names in Class 16
May 03, 2019

With decision of 25th February 2019, the German Federal Patent Court (Bundespatentgericht) has ruled on the registrability of a celebrity name for inter alia publications in class 16. The…

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Sascha Abrar  (Löffel Abrar )
Germany: Scope of cease and desist orders – To recall, or not to recall?
April 29, 2019

As reported earlier by this blog, there is a discussion in Germany whether an infringer who has received an injunction has to actively recall the products. And the German recall-saga continues, as…

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