Who is liable if Google’s AI lies?
AI-generated summaries on Google can damage a person’s reputation—and Google is liable for them. The Munich I Regional Court has…
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Künstliche Intelligenz
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No Break from Cancellation
A gym, a cancel button, and a break A consumer advocacy group filed a lawsuit against a gym operator that…
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The kitchen stays cold for Wienerwald
The Wienerwald case shows that simply displaying your trademark in a restaurant does not automatically protect the food served there.
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YouTube’s liability exemption no longer applies
ECJ: Anyone who reviews creator content before sharing revenue loses their hosting privilege. Google is liable for advertisements for contests…
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No trademark for OPENAI
The General Court of the European Union has upheld the rejection of the OPENAI trademark in the EU on the…
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Digital Borders for Copyright
ECJ: Effective geoblocking prevents copyright infringement in other EU countries; bypassing it via VPN has no consequences.
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No whiskey without a wooden barrel
According to the Hamburg Regional Court, the labeling of whiskey aged with wood chips violates EU spirits law and is…
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Copying Photos with Generative AI
The Frankfurt am Main Regional Court dismisses a lawsuit over AI-edited product photos. The plaintiff failed to prove that a…
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Same ASIN, different product
Cologne Higher Regional Court: Anyone who continues to use customer reviews under the same Amazon ASIN after a product change…
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Puma vs. Tiger Woods
Puma Halts Tiger Woods’ “Sunday Red” in the EU: The EUIPO views the tiger figure as an unfair imitation of…
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A wristband without a print is not a medical device
According to the ECJ, unprinted patient wristbands are not medical devices and are therefore not subject to the strict requirements…
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New EUIPO Guidelines
EUIPO will update its guidelines as of July 1, 2026, including changes regarding geographical indications—here is an overview of the…
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Zoom vs. Zoom
EUIPO rejects the application for invalidation of the ZOOM trademark. According to the Board of Appeal, a repeated trademark application…
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Negative Entry with Consequences
Federal Court of Justice (BGH) on a negative report to SCHUFA: A disputed claim that has not been plausibly substantiated…
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Labeling AI-Generated Content
EU Labeling of AI Content: What companies must label, when, and how starting in August 2026, and which new EU…
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IP Stars Ranking for Clemens Pfitzer
IP STARS 2026 lists Clemens Pfitzer of KPW as a “Trademark Star.” This is an independent recognition of leading expertise…
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Photovoltaics without craftsmen’s register
Anyone who advertises the design, installation, and maintenance of solar systems is engaged in a trade that requires a license.…
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Note on Deleted Reviews
Is a review site allowed to publicly display how many reviews of a business have been deleted due to complaints?
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Wordle without title of work protection
The creator of Wordle used his game for personal, not business, purposes. As a result, no copyright protection arose that…
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Handelsblatt and Best Lawyers honor KPW
Clemens Pfitzer and Dr. Markus Wekwerth are also among Germany’s best lawyers in 2026 according to Best Lawyers and Handelsblatt.
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Use as a trademark by AI
The Berlin Regional Court II has dismissed a perfume manufacturer’s motion for a preliminary injunction against AI search results featuring…
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Google is liable for AI results
Munich Regional Court I: Google is liable for inaccurate AI summaries—as a direct infringer, not merely upon receiving a notice.…
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Obligation for Uber to return
Uber drivers must return to their place of business after every journey – this has been confirmed by the Federal…
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Instagram is liable for posts from abroad
A photo on an Arabic Instagram account can infringe German copyright law and make Instagram directly liable.
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Candle eater partially protectable
Is the trademark “KERZENFRESSER” protectable or a mere product description? The Federal Patent Court says: yes – and no.
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LABUBU loses to BUBU
The EUIPO upheld an opposition against the trademark LABUBU on the basis of the trademark BUBU, despite conceptually and visually…
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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…
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EU finally takes action against Temu
EU Commission fines Temu 200 million euros for violating the Digital Services Act (DSA).
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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.
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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…
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NIVEA vs. LIVIA
In English, “LIVIA” sounds almost identical to “NIVEA”, which is why a corresponding trademark application before the EUIPO failed.
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Liability for own AI chatbot
Anyone who uses an AI chatbot on their website is liable for its statements – even if the bot generates…
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Obelix as a weapon
Does the trademark Obelix for weapons infringe the trademark rights to the famous comic character Obelix? When is a trademark…
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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…
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Hearing aids and vouchers
Hearing care professionals who promise vouchers for recommendations are in breach of the ban on advertising in the law on…
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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.
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Top position through center
Anyone who advertises as a “market leader” or “reference center” must be able to prove this. This also applies to…
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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…
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Value added tax on damages
Anyone who plays copyrighted music without a license owes VAT on the entire penalty fee – including the surcharge.
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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…
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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…
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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.
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Ready, Set, Innovate
World IP Day 2026 and the power of IP rights in sport This year’s World Intellectual Property Day is themed…
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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…
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Resale Oktoberfest reservation
Anyone who resells Oktoberfest table reservations commercially is acting misleadingly – according to Munich Regional Court I. What this means…
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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?
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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…
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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…
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Offline, but not free
Anyone who stores music or films offline on Spotify or Netflix is not making a private copy. The ECJ has…
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AI diagnostic software patentable
AI diagnostic tools are generally patentable. Federal Court of Justice clarifies when software runs on the human body – and…