KPW
Magazine.
KPW
Magazine.
All about trademarks
Digital and AI
Advertising and competition
Creativity and design
Archive
-
Designer brand without designer deceptive
ECJ: Designer trademark can be lost in case of deception. Anyone who wrongly suggests that the designer is still involved in the design process risks losing their trademark rights.
-
Special as a trademark for beer
BPatG: Word mark “Spezial” for beer and gastronomy not registrable. What breweries and restaurateurs should consider in their trademark strategy.
-
Rummage table instead of luxury
Düsseldorf Higher Regional Court prohibits TK Maxx from selling L’Oréal luxury cosmetics. The court confirms that rummage counters destroy the “aura of luxury”.
-
Cyber attack and GDPR liability
GDPR damages for cyber attacks. Krefeld Regional Court denies liability for zero-day exploits and state-of-the-art software.
-
Sustainable and CO₂-neutral misleading
CO₂-neutral is not the same as CO₂-reduced: Bochum Regional Court condemns retailer for misleading sustainability advertising. What companies now need to consider.
-
Food flavoring or e-cigarette accessories?
Federal Court of Justice: Individual mixing components for e-cigarettes can also be considered refill containers. Previous advertising can continue to have legal effect.
-
Liability for errors in Google Ads
Federal Court of Justice: Retailers are liable for incorrect Google ads, even if Google creates the ads automatically and independently. What companies need to change now.
-
Free test drive in return
Karlsruhe Higher Regional Court: Influencer must label Audi and BMW posts as advertising – even if she was only reimbursed for travel expenses and there was no obligation to post.
-
Limit for abusive GDPR requests
ECJ: Even a first GDPR request for information can be abusive. Refusal to provide information triggers compensation – even without data processing.
-
Distance Learning Act does not apply to coaching
Do coaching providers have to pay back remuneration received because their contract violates the FernUSG? The Darmstadt Regional Court has denied this.
-
Copyright for Fender Stratocaster
Fender wins before the Düsseldorf Regional Court against Chinese dealer. The Fender Stratocaster body shape is protected by copyright.
-
Red Bull wins against Cowboys
Red Bull wins before the EUIPO. The RIDER sign infringes the reputation protection of the well-known Red Bull trademarks and exploits their reputation.
-
No trademark for Pico-Balla
HARIBO Pico-Balla failed as a 3D trademark. The EUIPO refuses registration due to a lack of distinctiveness.
-
Copyright stings tattoo
Copyright law also applies in tattoo studios: anyone who engraves other people’s motifs as tattoos risks a cease and desist letter and damages for copyright infringement.
-
Extra virgin only for pure olive oil
Flavored olive oil must not be called “extra virgin”. The Higher Regional Court of Stuttgart confirms a strict ban on labeling – regardless of any risk of misleading information.
-
Youth protection even with empty tanks
Federal Court of Justice: Empty e-cigarette tanks may not be sold without an age check. Protection of minors also applies to unfilled accessories.
-
Frida Kahlo and US copyright
Frida Kahlo trademark dispute: EUIPO Board of Appeal overturns invalidity decision – a US copyright certificate alone is not enough.
-
Copyright in AI songs
Regional Court Frankfurt a. M.: Lyrics written by humans remain protected by copyright, even if the music comes from an AI.