KPW
Magazine.
KPW
Magazine.
All about trademarks
Digital and AI
Advertising and competition
Creativity and design
Archive
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No limits to the tobacco advertising ban?
Where does the tobacco advertising ban begin? The Regional Court of Heidelberg recently had to deal with this question. It came to a broad interpretation of the term “advertising” which, in our view, is not convincing and poses more problems than creating clarity for the providers concerned.
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AI memorizes entire books
When the AI knows Harry Potter by heart Researchers at Stanford University have proven what many copyright holders feared: Large language models such as ChatGPT, Claude, Gemini and Grok have stored copyright-protected books almost word-for-word – and can reproduce them, at least in part, on request. The study published in January 2026 provides the first…
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LEGO loses design protection
The EGC confirms: A rectangular Lego brick has no individual character compared to a square predecessor design. Duplication alone is not enough.
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Liability for AI search results
The Regional Court of Frankfurt am Main has ruled for the first time on the liability of search engine operators for AI-generated search results (AI overviews).
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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.
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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.
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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.
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Ritter Sport vs. MONNEMer QUADRAT
No trademark protection for Ritter Sport. Chocolate manufacturer loses trademark dispute against “MONNEMER QUADRAT”
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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.
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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.
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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.
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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 AG. BDSwiss AG was ordered by the Commercial Court of Bern to remove the word “Swiss” from its name and to remove the Swiss cross from its logo. This ruling…
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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.
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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.
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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.
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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.
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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.
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Puma wins with form stripes
Düsseldorf Higher Regional Court strengthens Puma: When stripes on sneakers infringe trademark rights – and where design is still permitted.