KPW
Magazine.
KPW
Magazine.
All about trademarks
Digital and AI
Advertising and competition
Creativity and design
Archive
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NIVEA vs. LIVIA
In English, “LIVIA” sounds almost identical to “NIVEA”, which is why a corresponding trademark application before the EUIPO failed.
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Liability for own AI chatbot
Anyone who uses an AI chatbot on their website is liable for its statements – even if the bot generates unsolicited misinformation.
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Obelix as a weapon
Does the trademark Obelix for weapons infringe the trademark rights to the famous comic character Obelix? When is a trademark considered well-known and enjoys broad protection?
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Color explosions are prohibited tobacco advertising
The Higher Regional Court of Karlsruhe confirms a strict interpretation of the ban on tobacco advertising, which has consequences for the entire industry. Colorful explosions of color that present products as something special are prohibited advertising, even if the visitor has already accessed the website on their own initiative. Online retailers of tobacco products should…
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Hearing aids and vouchers
Hearing care professionals who promise vouchers for recommendations are in breach of the ban on advertising in the law on therapeutic products – even without a specific purchase.
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EU simplifies the AI Act
EU simplifies the AI Regulation. Deadlines for high-risk AI and labeling requirements are changed and AI exposure apps are banned.
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Top position through center
Anyone who advertises as a “market leader” or “reference center” must be able to prove this. This also applies to the medical indication for before and after images.
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Price increase sold as a discount
Price increase sold as a discount. Cologne Higher Regional Court clarifies that fake discounts are unfair and that small print does not help the advertiser.
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Value added tax on damages
Anyone who plays copyrighted music without a license owes VAT on the entire penalty fee – including the surcharge.
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Destroy instead of just removing
A court has affirmed the claim for destruction of vehicles due to infringement of Porsche trademarks. The mere removal of the trademarks is not sufficient.
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Private address removed from the register
Private addresses and signatures in the commercial register can be deleted upon request if there is no obligation to enter them.
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Color in the name becomes an obstacle to protection
The trademark application “ROSE” fails because “Rosa” in German is a characteristic of baby clothing and the application included it.
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Ready, Set, Innovate
World IP Day 2026 and the power of IP rights in sport This year’s World Intellectual Property Day is themed “IP and Sports: Ready, Set,…
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Not a syringe like any other?
Can a standard disposable syringe be registered as a 3D trademark? The Board of Appeal of the EUIPO finds that it lacks distinctive character.
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Resale Oktoberfest reservation
Anyone who resells Oktoberfest table reservations commercially is acting misleadingly – according to Munich Regional Court I. What this means for commercial sellers.
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Bargain prices as a pitfall.
Red percentage sticker, crossed-out price, small “RRP”. Is such a design of an advertisement of a discounter anti-competitive?
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Breach of competition due to poor organization
Non-competition clause infringed despite unknown injunction? The Higher Regional Court of Cologne affirms organizational fault – and sets limits in the core area.
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Liability for AI-generated images
Is the creation of an AI image using an original a copyright infringement? How close does the result have to be to the original?