KPW

Magazine.

Trademarks

Digital working

Creatives and designers

Archive

EU reform of design law

Reform of EU design law Regulation (EU) 2024/2822 of 23 October 2024 modernizes the previous Community Design Regulation and further develops European design law ….
Fat away, but not in advertising

The description of a dietary supplement as a “fat burner” contains a specific unlawful health claim.
Liability for unlawful customer reviews

Companies must take responsibility for any unlawful statements contained in published customer reviews as their own statements.
Health data on Amazon – not without consent

When selling pharmacy-only medicines, a pharmacist must ensure that the customer has consented to the processing of health data.
Illegal advertising with RRP

Advertising with a non-binding price recommendation is not permitted if the recommendation was not determined on the basis of a serious calculation.
Jägermeister finally defeats SELVA NEGRA

We successfully defended our client Selva Negra against Jägermeister’s claims for trademark infringement.
Coaching is not distance learning

Coaching is not distance learning: the mere possibility of asking questions does not constitute a learning success check.
BPATG: Layher patents null and void

Federal Patent Court declares German and European patent of Wilhelm Layher Verwaltungs-GmbH for scaffolding frames null and void.
Delivery to China

The Regional Court of Frankfurt am Main opens the way for public service of process in China in order to ensure effective legal protection.
Generative AI models Opportunities and risks according to the BSI

The German Federal Office for Information Security (BSI) has published a paper on “Generative AI models – opportunities and risks for industry and authorities”.
NPD: immoral as a trademark

The NPD fails before the Federal Patent Court in its attempt to register the German trademark NPD on the grounds of immorality.
Prohibition of brand use for spare parts

The owner of an EU trademark can prohibit third parties from using the trademark for spare parts – regardless of whether the emblem could technically be attached without this element.
Misuse of personal data justifies damages

Immaterieller Schaden bei Verstößen gegen DSGVO Personen, die aufgrund eines Verstoßes gegen die DSGVO einen materiellen oder immateriellen Schaden erlitten haben, haben einen datenschutzrechtlichen Anspruch…
Are only attorneys allowed to complain about negative reviews?

Are only attorneys allowed to complain about negative reviews? Or are online providers without a license to practice law also allowed to do so?
Does SCHUFA-Score violate the GDPR?

The SCHUFA score often determines creditworthiness. But does the SCHUFA score possibly violate data protection law?
Masterclass for coaches in distance learning

Coaching A coaching company offered various coaching and training courses online, through which participants could make horrendous profits in the area of “print on demand”….
Price with or without deposit

Clarity about the price with or without a deposit: this is how retailers must state the price, taking into account the price indication regulation.
No reimbursement of costs for a patent attorney in trademark matters

Patent attorney in trademark disputes In the past, patent attorney fees were always reimbursable in trademark disputes. This legal situation has changed, not least since…