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Counterclaim despite “free” cease and desist letter

OLG Jena: Counterclaim for unjustified cease and desist letter is not capped at zero because the cease and desist letter did not demand the cease and desist costs.
Calculation of damages in trademark law

Nuremberg Higher Regional Court on the calculation of damages in trademark law: When does the license analogy apply? Liability for managing directors and ex-post valuation explained.
Secondary mark needs indication of origin

Federal Court of Justice ruling on rights-preserving use of secondary marks: What companies need to bear in mind when combining house brands and product labels.
Ritter Sport vs. MONNEMer QUADRAT

No trademark protection for Ritter Sport. Chocolate manufacturer loses trademark dispute against “MONNEMER QUADRAT”
Deceptive packaging: too much air in the box

Court condemns retailer for deceptive packaging of organic tofu. All about the 30% limit for pack volume, the burden of proof and risks for product presentation.
Mail-order pharmacies: e-prescription vouchers inadmissible

Karlsruhe Higher Regional Court prohibits mail-order pharmacy from offering €25 voucher for e-prescription redemption. No permissible discount even if offset in the same order process.
lawsuits at the advertising destination

Federal Court of Justice changes case law: In the case of online trademark infringements from other EU countries, trademark owners can now sue at the destination of the advertising.
Swissness ruling stops fraudulent labeling

IPI successfully enforces Swissness On 08.01.2026, the Swiss Federal Institute of Intellectual Property (IPI ) announced a remarkable success against a financial services provider BDSwiss…
Third-party cookie providers are now directly liable

OLG Frankfurt: Third-party cookie providers are directly liable in the absence of consent. Contractual agreements with website operators do not protect against liability.
No money for AI expert opinions

Court cuts remuneration to zero: expert secretly used AI for expert opinions. Darmstadt Regional Court sets clear limits on the use of AI.
Partially pixelated photos are portraits

Berlin Regional Court strengthens victims’ rights online and prohibits partially pixelated photos of brutal hammer torture in the context of image protection.
Legal changes in 2026: What companies need to know now

Legal changes in 2026: EmpCo directive tightens greenwashing rules from September, AI Act applies from August. New e-commerce obligations for retailers.
Danger for trademark without consent

EUG: Silence is not consent. Why the EU trademark Danger was canceled despite cooperation and what companies can learn from it.
Puma wins with form stripes

Düsseldorf Higher Regional Court strengthens Puma: When stripes on sneakers infringe trademark rights – and where design is still permitted.
Climate-neutral advertising unfair

Marburg District Court overturns climate-neutral label and natural advertising. Why greenwashing is risky and what will change for companies in the future.
AI training despite reservation of use

Hamburg Higher Regional Court clarifies: When GTCs do not constitute an effective opt-out against AI training and why reservations of use must be machine-readable.
No work title protection for Miss Moneypenny

Federal Court of Justice: No title protection rights to “Moneypenny”. Why the Bond character is not a work in its own right and what this means for trademarks and companies.
EmpCo directive: risks for trademarks

The EmpCo Directive leads to significant risks for trademarks and trademark owners if trademarks can be understood as environmental statements.