KPW

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Archive

5% compensation in damages for Layher

Is the purely promotional use of a trademark to be taken into account in reducing damages? The OLG Stuttgart says yes and sticks to 5% damages.
Jägermeister defeats Selva Negra in trademark dispute

Herbal liqueur giant Mast Jägermeister loses to Selva Negra, which was represented by KPW, in a trademark dispute before the Hamburg Regional Court.
Focus Top Medical Seal misleading?

Every year, Focus magazine publishes a list of the top doctors in Germany. But is the advertising with the Focus Top Doctors misleading?
WTR 1000, 2023: 1 x silver and 3 x bronze for KPW

KPW once again receives bronze in the WTR 1000, the global ranking of the World Trademark Review. All partners were also recognized.
Infringement of a certification mark

When is a certification mark infringed? How far do the trademark owner’s claims go and what role do the trademark statutes play?
Where can Himalayan salt come from?

On the requirements for designations of origin when the consumer associates a very specific place with the designation (Himalayan salt)?
Rating portal must provide evidence of customer contact

Bad reviews are a nuisance for many companies, especially if the reviewer was not even a customer. But in the case of anonymous reviews, is it enough to claim not to know the reviewer? Does the review portal have to prove customer contact between the reviewer and the company? A decision by the Federal Court…
Duty to inform about manufacturer warranties

Under what conditions are online retailers obliged to provide information about manufacturer’s warranties? What must retailers bear in mind.
Conclusion of contract by shipping the goods ineffective

Is a GTC clause “Conclusion of contract by shipping of the goods” permissible? When must an order confirmation be sent in the online store?
Medicine in motion

When is a trademark used as a trademark and when is it merely descriptive? The Higher Regional Court of Nuremberg explained this in a case involving the trademark “Bewegte Medizin”.
Artificial intelligence as an inventor?

Innovations are often created with the help of AI. But can an artificial intelligence be considered an inventor within the meaning of patent law?
New regulations on price information

As of 28.05.2022, the regulations on price information have changed. We present the main changes to the Price Indication Regulation (PAngV).
Changes in competition law

Numerous changes to competition law came into force on 28.05.2022. Here you can find out everything about the main changes to the UWG.
Online corona test certificates without doctor contact misleading?

Corona test certificates are in high demand in times of 3G and 2G+. But what are the requirements for corona test certificates and their issuers?
Oh you fat egg (from salmonella-free chickens)

Is it permissible to advertise with “eggs from hens proven to be salmonella-free” or is such an advertising statement anti-competitive?
Trade secret requires sufficient confidentiality measures

In a recent decision, the Higher Regional Court of Hamm dealt with the appropriateness of confidentiality measures to protect trade secrets.
Morbier cheese – The scope of protection of a protected designation of origin

Certain foods can be protected as geographical indications or designations of origin. What does the protection apply to?
Privacy Shield invalid! Standard contractual clauses no alternative?

ECJ: Privacy Shield invalid. Data transfer to the USA no longer on this basis. Are standard contractual clauses an alternative?