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Archive
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Risk of repetition despite cease-and-desist declaration
With the reform of competition law at the end of 2020, the legislator wanted to make it more difficult to prosecute some competition law infringements….
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Putin and public morality in trademark law
Are there absolute grounds for refusing protection for a trademark application with the name of Russian President Putin because it is contrary to public morals?…
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Odor marker for golf balls
The registration of an olfactory trademark presents great difficulties and a complex challenge in trademark law. A recent ruling by the Federal Patent Court sheds…
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EU-US Data Privacy Framework in force
After Safe Harbor and Privacy Shield were overturned by the European Court of Justice years ago as the legal basis for the transfer of personal…
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No ban on the name Königsalm before the Stuttgart Spring Festival
Shortly before the start of the Stuttgart Spring Festival, Apel Königs-Alm GmbH attempted to prevent the Königsalm on the Wasen with a temporary injunction due…
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Layher retains 5% compensation for damages
In a dispute between two scaffolding manufacturers over the use of the “Layher” trademark, Layher has been awarded 5% damages. After proceedings up to the…
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Jägermeister defeats Selva Negra in trademark dispute
Herbal liqueur giant Mast Jägermeister loses to Selva Negra, which was represented by KPW, in a trademark dispute before the Hamburg Regional Court.
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Focus Top Medical Seal misleading?
Every year, Focus magazine publishes a list of the top doctors in Germany. Many doctors want to use this for advertising purposes and advertise their…
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WTR 1000, 2023: 1 x silver and 3 x bronze for KPW
KPW once again receives bronze in the WTR 1000, the global ranking of the World Trademark Review. All partners were also recognized.
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Infringement of a certification mark
When is a certification mark infringed? How far do the trademark owner’s claims go and what role do the trademark statutes play?
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Where can Himalayan salt come from?
On the requirements for designations of origin when the consumer associates a very specific place with the designation (Himalayan salt)?
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Rating portal must provide evidence of customer contact
Bad reviews are a nuisance for many companies, especially if the reviewer was not even a customer. But in the case of anonymous reviews, is…
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Duty to inform about manufacturer warranties
When is there an obligation to provide information about manufacturer warranties? Do online retailers have to provide information about every manufacturer’s warranty on online marketplaces…
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Conclusion of contract by shipping the goods ineffective
Is a GTC clause “Conclusion of contract by shipping of the goods” permissible? When must an order confirmation be sent in the online store?
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Medicine in motion
When is a trademark used as a trademark and when is it merely descriptive? The Nuremberg Higher Regional Court explained this again in connection with…
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Artificial intelligence as an inventor?
Many innovations are now being created with the help of artificial intelligence (AI). But can artificial intelligence also be regarded as an inventor within the…
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New regulations on price information
As of 28.05.2022, some regulations on price information have also changed. The Price Indication Ordinance has been fundamentally revised. We present the main changes to…
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Changes in competition law
Numerous changes to competition law came into force on 28.05.2022. Here you can find out everything about the main changes to the UWG.