Freedom of Speech and Trademarks
The ECJ has ruled on how to balance freedom of expression and trademark law when well-known trademarks are used in…
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Künstliche Intelligenz
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Star Trek: Live Long and Prosper
On its 60th anniversary on September 8, 2026, Star Trek will demonstrate how a consistent trademark strategy can ensure the…
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ChatGPT is becoming VLOSE
The European Commission classifies ChatGPT as a search engine (VLOSE) and Reddit and Roblox as VLOPs. Here’s what that means…
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Will FernUSG be phased out?
Draft bill from the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth (BMBFSFJ): The licensing requirement under the…
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EUIPO nullifies the trademark MYKONOS
The EUIPO has invalidated the MYKONOS trademark for perfumes. What this decision means for companies with geographic brand names.
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Trademark Opposition Fails Due to Missing Signature
The Federal Patent Court confirms: A trademark opposition without a handwritten signature is inadmissible, even if the fee was paid…
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Risk of Recurrence Following a Merger
According to the Federal Court of Justice (BGH), following a merger, the acquiring company is not automatically liable for the…
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Does the EmpCo directive apply to the B2B sector?
Do the requirements of the EmpCo Directive also apply to companies that do not sell to consumers at all, but…
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Proof of Use of a Trademark
The EUIPO Board of Appeal reverses a rejection: Proof of use of the VERVE trademark is partially accepted, even with…
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Imports from Third Countries as Infringement
The Frankenthal Regional Court ruled that imports from third countries can cause an infringement of trademark rights even if they…
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No trademark for *Animal Farm* and *1984*
The Grand Board of Appeal of the EUIPO ruled that a book title cannot be registered as a trademark if…
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Assignment of the Right to Access Under the GDPR
The Federal Court of Justice ruled that the right to access information under data protection law is not automatically transferred…
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Apple ATTF: Data Protection for Its Own Benefit
The Federal Cartel Office has declared Apple’s commitments regarding the App Tracking Transparency Framework to be binding. Here’s what that…
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Scope of the “Swiss” Collective Mark
The EUIPO determines the extent of protection afforded to the collective mark “Swiss” despite its complete incorporation into “NIVADA swiss,”…
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Saudi Arabia Joins the Madrid System
Saudi Arabia is joining the Madrid System. As of October 8, 2026, it will be a designated country in international…
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No Protection for the Team Beverage Trademark
The Federal Patent Court has almost universally denied that TEAM BEVERAGE has distinctiveness, even though an identical word mark has…
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New rules for trademarks in Jersey
Effective August 1, 2026, Jersey will be a separate designation under WIPO’s Madrid System, with its own fee. Here’s what…
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Recommendation Systems and Reporting Procedures non-transparent
The Bamberg Higher Regional Court rules against an online marketplace: Reporting procedures and recommendation systems must be more transparent under…
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Stripe patterns are not a trademark
The Federal Patent Court has ruled that two striped patterns in yellow and silver-gray lack distinctiveness as trademarks for protective…
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Companies Are Liable for Customer Reviews
The Hamburg Higher Regional Court has banned advertising for a veterinary drug that features unattributed quotes from veterinarians. What this…
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GEMA also Wins Against Suno
The Munich I Regional Court has ruled against the AI music generator Suno for copyright infringement. This marks GEMA’s second…
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Stricter Requirements for Doctor Seals
The Federal Court of Justice (BGH) has overturned the ruling on the FOCUS medical seals and is imposing strict requirements…
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Miele puts retailers Through the Wringer
Miele is sending cease and desist letters to Amazon sellers over product images and trademark infringements. Why this approach is…
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Bargain price turns into a pitfall
The Düsseldorf Regional Court has ruled that promotional prices listed in advertising without a 30-day reference price are misleading and…
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No Damages Following Data Breach
The Traunstein Regional Court dismissed a GDPR lawsuit filed in response to a data breach because the plaintiff was unable…
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No protection for the compound VARIOPILOT
What’s it about? Eine Anmelderin wollte das Wortzeichen „VARIOPILOT” beim Deutschen Patent- und Markenamt für Steuerungen von Backöfen sowie für…
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Four 20 Pharma as a trademark is too close to code for cannabis
The Federal Patent Court (BPatG) rejected the trademark application for “Four 20 Pharma” because those skilled in the art understand…
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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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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…