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Archive

No trademark for Pico-Balla

HARIBO Pico-Balla failed as a 3D trademark. The EUIPO refuses registration due to a lack of distinctiveness.
Copyright stings tattoo

Copyright law also applies in tattoo studios: anyone who engraves other people’s motifs as tattoos risks a cease and desist letter and damages for copyright infringement.
Extra virgin only for pure olive oil

Flavored olive oil must not be called “extra virgin”. The Higher Regional Court of Stuttgart confirms a strict ban on labeling – regardless of any risk of misleading information.
Youth protection even with empty tanks

Federal Court of Justice: Empty e-cigarette tanks may not be sold without an age check. Protection of minors also applies to unfilled accessories.
Frida Kahlo and US copyright

Frida Kahlo trademark dispute: EUIPO Board of Appeal overturns invalidity decision – a US copyright certificate alone is not enough.
Copyright in AI songs

Regional Court Frankfurt a. M.: Lyrics written by humans remain protected by copyright, even if the music comes from an AI.
Buyer protection as a cost trap

Vinted may not offer buyer protection by default in the checkout – KG Berlin confirms violation of consumer law.
Trademark infringement by competitors

A competitor cannot take action under competition law against a competitor who infringes third-party trademarks.
Online coaching and distance learning

Federal Court of Justice clarifies the distinction between distance learning and online coaching. Synchronous online formats are not distance learning.
No organic code in brochures

Organic advertising without a control number? No problem – the ECJ clarifies: No obligation to state the organic code for advertising brochures.
Limits for cannabis advertising and telemedicine

Hamburg District Court bans cannabis advertising on telemedicine platforms. Telemedicine offers should not look like an online store.
MenoGlück inadmissible health claim

Cologne Higher Regional Court prohibits “MenoGlück” and clarifies loss of urgency in the event of a late cease and desist letter. What companies must now bear in mind with health claims.
No trademark protection for handle designs

What are the requirements for a position mark on a product? Can a design on the razor handle be protected as a trademark?
Immunkraft unfair for fruit juice

“Immune power” for vitamin-rich fruit juice sounds good – but is banned. What food manufacturers need to know now.
Trade fair without CE marking unfair

Anyone exhibiting medical devices without CE marking at a trade fair needs a sign, otherwise there is a risk of cease and desist letters from competitors.
The devil is in the priority

It is negligent to file an opposition against a supposedly younger trademark and disregard its priority.
FRAND: Willingness to license counts permanently

Anyone using standard-essential patents must demonstrate a permanent willingness to license in order to be able to invoke the FRAND objection.
Vape advertising banned by Netto

Bamberg Higher Regional Court prohibits Netto from advertising product descriptions for e-cigarettes in the online store – “pull advertising” does not protect against the ban