KPW
Magazine.
KPW
Magazine.
All about trademarks
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Advertising and competition
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Archive
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No damages for unlicensed music on TikTok
The Regional Court of Frankfurt am Main has dismissed a lawsuit seeking 95,750 euros in damages for TikTok music. Why the licensing analogy doesn’t hold up without licensing practice.
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Meta Is Liable for Fake Profiles
Fake profiles with other people’s photos: The Regional Court of Frankfurt am Main holds Meta personally liable for scam ads because algorithms control their display.
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Copyright 1000 recognizes KPW
KPW received a bronze award in the “Copyright 1000” ranking for Germany. Clemens Pfitzer and Dr. Markus Wekwerth are also recommended as experts in copyright law.
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EUIPO upholdsToilet Design
A toilet bench from 2003 The U.S.-based company Thetford LLC is the owner of a registered EU design for a so-called toilet bench. This refers to a box-shaped toilet module. The application dates back to 2003, and the design has been renewed since then. The design is depicted in seven line drawings. They show the…
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EMPCO old stock: A Last-Minute Rescue?
Why hasn’t there been a grace period for existing EmpCo inventory so far? There is currently no transitional provision for goods that were produced or shipped before the effective date. The EmpCo Directive tightens the requirements for advertising that includes environmental and sustainability claims. It entered into force on March 26, 2024, and had to…
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Wish platform is liable for counterfeits
Stricter Platform Liability: The Hamburg Higher Regional Court holds Wish liable for counterfeit GHD hair straighteners. What this means for trademark owners.
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Price Increase via Turnstile
The Munich Higher Regional Court has ruled that the price increase implemented via turnstiles at the gym constitutes an aggressive business practice. The franchisor is also liable for its gyms.
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Can advertising with free be misleading?
The Higher Regional Court of Cologne ruled that advertising using the term “free” is not misleading if the overall impression of the advertisement clearly conveys the scope of the offer.
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Video and 3D in Design Registration
As of July 1, 2026, it has been possible to file design applications via video and 3D with the EUIPO. We explain the requirements and limitations for international applications.
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Screenshots do not prove disclosure
The EUIPO rejected a request for design invalidation because the catalog, invoices, and social media screenshots did not prove that the design had been disclosed.
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Lufthansa’s SAF Advertising Is Unfair
The Cologne Higher Regional Court has prohibited Lufthansa from advertising immediate CO2 reductions through SAF. Why the timing of the disclosure was crucial.
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Social Media Posts as Works Protected by Copyright
The ECJ has ruled that a social media post can be protected by copyright as a work. Here’s what that means for companies with their own channels.
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Metal on Metal: Sampling Wins Case Before the Federal Court of Justice
Moses Pelham Wins Case Before the Federal Court of Justice: After a 27-year legal battle, the Federal Court of Justice rules that the “Kraftwerk” sample is permissible.
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Freedom of Speech and Trademarks
The ECJ has ruled on how to balance freedom of expression and trademark law when well-known trademarks are used in political campaigns.
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Star Trek: Live Long and Prosper
On its 60th anniversary on September 8, 2026, Star Trek will demonstrate how a consistent trademark strategy can ensure the financial success of a science fiction universe.
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ChatGPT is becoming VLOSE
The European Commission classifies ChatGPT as a search engine (VLOSE) and Reddit and Roblox as VLOPs. Here’s what that means for businesses and advertisers.
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Will FernUSG be phased out?
Draft bill from the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth (BMBFSFJ): The licensing requirement under the Distance Learning Act (FernUSG) is to be abolished as of July 1, 2027, and the Act is to be repealed effective June 30, 2028.
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EUIPO nullifies the trademark MYKONOS
The EUIPO has invalidated the MYKONOS trademark for perfumes. What this decision means for companies with geographic brand names.