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Archive

Buyer protection as a cost trap

Vinted may not offer buyer protection by default in the checkout – KG Berlin confirms violation of consumer law.
Trademark infringement by competitors

A competitor cannot take action under competition law against a competitor who infringes third-party trademarks.
Online coaching and distance learning

Federal Court of Justice clarifies the distinction between distance learning and online coaching. Synchronous online formats are not distance learning.
No organic code in brochures

Organic advertising without a control number? No problem – the ECJ clarifies: No obligation to state the organic code for advertising brochures.
Limits for cannabis advertising and telemedicine

Hamburg District Court bans cannabis advertising on telemedicine platforms. Telemedicine offers should not look like an online store.
MenoGlück inadmissible health claim

Cologne Higher Regional Court prohibits “MenoGlück” and clarifies loss of urgency in the event of a late cease and desist letter. What companies must now bear in mind with health claims.
No trademark protection for handle designs

What are the requirements for a position mark on a product? Can a design on the razor handle be protected as a trademark?
Immunkraft unfair for fruit juice

“Immune power” for vitamin-rich fruit juice sounds good – but is banned. What food manufacturers need to know now.
Trade fair without CE marking unfair

Anyone exhibiting medical devices without CE marking at a trade fair needs a sign, otherwise there is a risk of cease and desist letters from competitors.
The devil is in the priority

It is negligent to file an opposition against a supposedly younger trademark and disregard its priority.
FRAND: Willingness to license counts permanently

Anyone using standard-essential patents must demonstrate a permanent willingness to license in order to be able to invoke the FRAND objection.
Vape advertising banned by Netto

Bamberg Higher Regional Court prohibits Netto from advertising product descriptions for e-cigarettes in the online store – “pull advertising” does not protect against the ban
Countdown in e-commerce

Hanau Regional Court prohibits mobile phone provider from countdown advertising if the same offer is repeatedly extended under a different name.
AI logos without copyright protection

AG Munich denies copyright protection for AI-generated logos. The decisive factor is the human creative influence on the result.
Lux is not Luv

LUX vs. LUV The word mark “Lux” was applied for at the German Patent and Trade Mark Office (DPMA) on October 1, 2020 and registered…
Medfluencer? Doctor advertises on Instagram

Medfluencer? Gericht untersagt Arzt Werbung auf Instagram für Sonnencreme und Batterien wegen Verstoßes gegen die ärztliche Berufsordnung.
Right of action against the EDPB

ECJ: Companies can challenge binding decisions of the EDPB directly before the ECJ, even if the decision is addressed to supervisory authorities.
Abstract revocation instruction is sufficient

Entrepreneurs do not have to specifically inform consumers. It is sufficient to state the statutory conditions for withdrawal.