KPW

Magazine.

All about trademarks

Digital and AI

Advertising and competition

Creativity and design

Archive

GEMA vs. YouTube

GEMA – YouTube. What happens when users of platforms upload videos with illegal content? This raises the question of whether platforms are liable for this.
Liability for hyperlinks

Under what circumstances are you liable for a hyperlink on your own website and when do you have to remove such links to avoid trouble?
What exactly is an outlet?

Who is actually allowed to advertise with the term “outlet” and what does it mean? Is the use of “outlet” by online retailers permitted?
Trademark protection for Lego figures

Can toy figures such as the Lego figures be protected as a 3D trademark or is it a purely technical effect that cannot be protected?
SEO and SEA: Service contract or contract for work?

The contractual classification of SEO and SEA services provided by agencies as a service contract or contract for work is of great relevance in the event of a dispute.
Better Call Saul – limits of lawyer advertising

Lawyer advertising like Better Call Saul “Better Call Saul” is a spin-off of the hit series“Breaking Bad” in which Saul Goodman has to save his clients Walter White and Jesse Pinkman from the consequences of their crystal meth business, usually using less legal methods. Now Saul appears as the main character in his own prequel…
The Marlboro Man and the tobacco advertising ban

Probably no longer permitted today: The Marlboro Man, cigarette icon of the 20th century. On the changes and requirements for tobacco and cigarette advertising.
Amazon warning trap

Clemens Pfitzer, certified expert in intellectual property law and IT-law, outlines some of the most common reasons for cease and desist letters from retailers on Amazon.
Rubik’s cube remains protected

The Rubik’s cube, which has been popular since the 1980s, remains protected as a 3D trademark. Following a decision by the EUG, the cancellation of the trademark would be rejected.
Free second pair of glasses

Are opticians allowed to advertise a free second pair of glasses or is this an inadmissible advertising gift under the law on the advertising of therapeutic products?
Embedding third-party content on the web is not a copyright infringement!

The European Court of Justice clarifies that the embedding of third-party content (framing) does not infringe copyrights under certain conditions.
EUR 1,000 in damages for nude photos via WhatsApp

What claims are you entitled to if classmates share nude photos via Whatsapp? Frankfurt Regional Court awards compensation for pain and suffering.
Nasty UBER surprise for UBER drivers

What legal challenges do UBER drivers face in Germany and how does the legal situation affect their work?
Right of withdrawal for gold bars

Is there a right of withdrawal when buying gold bars online? Or is there an exception to the right of withdrawal?
No transfer claim for .eu domains

Is there a transfer claim for .eu domains or not? Find out everything about the decision of the OLG Stuttgart on this topic.
Hammer advertising for doctors

Hammer advertising and its legal limits for doctors in the competitive medical market. What is allowed for advertising gifts to doctors?
The fairy tale of the Frog King

Can famous fairy tale characters such as the Frog King be protected as a trademark? The Federal Patent Court explains the legal limits.
Infringement by Le Corbusier furniture?

May furniture that was produced without the consent of the copyright holder be placed in a store and made available for use by the public? Does this constitute an infringement of copyright? A decision by the Federal Court of Justice provides answers. What is it all about? An Italian company produces upholstered furniture, including furniture…