The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge…
Is being environmentally friendly a quality which matters for consumers? And if it does, what it is “allure”?
On the judgment of the General Court of 12 December 2018 in case T-253/17 regarding…
On 14 January 2019, on the date of the deadline, the German Trademark Modernization Act entered into force (with the wonderfully uniquely German name of “Markenrechtsmodernisierungsgesetz” – short: “…
It is longstanding practice in fashion to designate certain products not only by illegible article numbers, but by names. Many times male or female personal names are chosen. When there is a…
The Regional High Court of Nuremberg rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the…
The Regional Court of Munich was asked to decide on the question if an application for action by a right holder, based on the Customs Enforcement Regulation No. 608/2013 (“Customs Enforcement…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
In a judgement of April 2018, the Regional Court of Hamburg has ruled on the use of original advertising material by non-authorized dealers and on how trademark law can bypass copyright law (…
EU Design law denies protection to designs which are solely dictated by a product’s technical function (art. 8(1) CDR). But how to determine if a product’s appearance is solely defined by its…
In Germany, an opposition against a German trade mark can be based not only on a trade mark but also on a company name or trade name. In brief, under German law, a company name is the official name…
