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Digital and AI

Advertising and competition

Creativity and design

Archive

Color in the name becomes an obstacle to protection

The trademark application “ROSE” fails because “Rosa” in German is a characteristic of baby clothing and the application included it.
Ready, Set, Innovate

World IP Day 2026 and the power of IP rights in sport This year’s World Intellectual Property Day is themed “IP and Sports: Ready, Set, Innovate!” and focuses on the central role of patents, trademarks, designs and copyright in the sports industry . With its campaign, WIPO wants to show how IP laws enable innovators,…
Not a syringe like any other?

Can a standard disposable syringe be registered as a 3D trademark? The Board of Appeal of the EUIPO finds that it lacks distinctive character.
Resale Oktoberfest reservation

Anyone who resells Oktoberfest table reservations commercially is acting misleadingly – according to Munich Regional Court I. What this means for commercial sellers.
Bargain prices as a pitfall.

Red percentage sticker, crossed-out price, small “RRP”. Is such a design of an advertisement of a discounter anti-competitive?
Breach of competition due to poor organization

Non-competition clause infringed despite unknown injunction? The Higher Regional Court of Cologne affirms organizational fault – and sets limits in the core area.
Liability for AI-generated images

Is the creation of an AI image using an original a copyright infringement? How close does the result have to be to the original?
Offline, but not free

Anyone who stores music or films offline on Spotify or Netflix is not making a private copy. The ECJ has ruled that no device levy is due here.
AI diagnostic software patentable

AI diagnostic tools are generally patentable. Federal Court of Justice clarifies when software runs on the human body – and when it doesn’t.
Illustrator fails against film producers

Action brought by an illustrator against the film adaptation of the School of Magical Animals dismissed. Individual design features are not eligible for protection.
Copyrights to symbols in construction plans

The Regional Court of Cologne denies copyright protection for standardized CAD symbols in hospital plans due to lack of creativity.
Fictitious founding years in luxury brands

Fictitious founding years as part of luxury brands can be misleading if the many years of expertise suggested do not exist.
Redacting, but the right way

Redaction, but the right way. The Bavarian State Commissioner for Data Protection explains how to redact documents in compliance with data protection regulations.
Sharing access data within the Group

Internal disclosure of database access data within the Group is not a targeted anti-competitive obstruction or a violation of the GeschGehG.
Cannabis with a click

According to the Federal Court of Justice, online marketing of products and treatments using cannabis with lists of complaints is prohibited advertising to the public.
Designer brand without designer deceptive

ECJ: Designer trademark can be lost in case of deception. Anyone who wrongly suggests that the designer is still involved in the design process risks losing their trademark rights.
Special as a trademark for beer

BPatG: Word mark “Spezial” for beer and gastronomy not registrable. What breweries and restaurateurs should consider in their trademark strategy.
Rummage table instead of luxury

Düsseldorf Higher Regional Court prohibits TK Maxx from selling L’Oréal luxury cosmetics. The court confirms that rummage counters destroy the “aura of luxury”.