Magazin, KPW, aktuelle Beiträge von KPW zu Themen des IT- und IP-Rechts, Wettbewerbsrecht, Markenrecht, Designrecht, Patentrecht, Urheberrecht, IT-Recht, E-Commerce, Datenschutzrecht, Know-How-Schutz, Rechtsanwalt, Fachanwalt

KPW

All about trademarks

Digital and AI

Advertising and competition

Creativity and design

Archive

  • Instagram is liable for posts from abroad

    A photo on an Arabic Instagram account can infringe German copyright law and make Instagram directly liable.

  • Candle eater partially protectable

    Is the trademark “KERZENFRESSER” protectable or a mere product description? The Federal Patent Court says: yes – and no.

  • LABUBU loses to BUBU

    The EUIPO upheld an opposition against the trademark LABUBU on the basis of the trademark BUBU, despite conceptually and visually completely different signs.

  • Data Act implementation in Germany

    The DADG transposes the EU Data Act into German law: the Federal Network Agency becomes the competent supervisory authority and fines are imposed for violations.

  • EU finally takes action against Temu

    EU Commission fines Temu 200 million euros for violating the Digital Services Act (DSA).

  • Liability for incorrect AI results

    AI-generated false reports in the company portal: Anyone who uses AI results to disseminate company data is liable for errors.

  • The mouse defeats the elephant express

    The Regional Court of Cologne prohibits a model maker from selling a replica of the “Elefantenexpress” – a special locomotive with the mouse and the elephant.

  • NIVEA vs. LIVIA

    In English, “LIVIA” sounds almost identical to “NIVEA”, which is why a corresponding trademark application before the EUIPO failed.

  • Liability for own AI chatbot

    Anyone who uses an AI chatbot on their website is liable for its statements – even if the bot generates unsolicited misinformation.

  • Obelix as a weapon

    Does the trademark Obelix for weapons infringe the trademark rights to the famous comic character Obelix? When is a trademark considered well-known and enjoys broad protection?

  • Color explosions are prohibited tobacco advertising

    The Higher Regional Court of Karlsruhe confirms a strict interpretation of the ban on tobacco advertising, which has consequences for the entire industry. Colorful explosions of color that present products as something special are prohibited advertising, even if the visitor has already accessed the website on their own initiative. Online retailers of tobacco products should…

  • Hearing aids and vouchers

    Hearing care professionals who promise vouchers for recommendations are in breach of the ban on advertising in the law on therapeutic products – even without a specific purchase.

  • EU simplifies the AI Act

    EU simplifies the AI Regulation. Deadlines for high-risk AI and labeling requirements are changed and AI exposure apps are banned.

  • Top position through center

    Anyone who advertises as a “market leader” or “reference center” must be able to prove this. This also applies to the medical indication for before and after images.

  • Price increase sold as a discount

    Price increase sold as a discount. Cologne Higher Regional Court clarifies that fake discounts are unfair and that small print does not help the advertiser.

  • Value added tax on damages

    Anyone who plays copyrighted music without a license owes VAT on the entire penalty fee – including the surcharge.

  • Destroy instead of just removing

    A court has affirmed the claim for destruction of vehicles due to infringement of Porsche trademarks. The mere removal of the trademarks is not sufficient.

  • Private address removed from the register

    Private addresses and signatures in the commercial register can be deleted upon request if there is no obligation to enter them.

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