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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Künstliche Intelligenz
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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…
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Illustrator fails against film producers
Action brought by an illustrator against the film adaptation of the School of Magical Animals dismissed. Individual design features are…
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Copyrights to symbols in construction plans
The Regional Court of Cologne denies copyright protection for standardized CAD symbols in hospital plans due to lack of creativity.
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Fictitious founding years in luxury brands
Fictitious founding years as part of luxury brands can be misleading if the many years of expertise suggested do not…
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Redacting, but the right way
Redaction, but the right way. The Bavarian State Commissioner for Data Protection explains how to redact documents in compliance with…
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Sharing access data within the Group
Internal disclosure of database access data within the Group is not a targeted anti-competitive obstruction or a violation of the…
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Cannabis with a click
According to the Federal Court of Justice, online marketing of products and treatments using cannabis with lists of complaints is…
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Designer brand without designer deceptive
ECJ: Designer trademark can be lost in case of deception. Anyone who wrongly suggests that the designer is still involved…
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Special as a trademark for beer
BPatG: Word mark “Spezial” for beer and gastronomy not registrable. What breweries and restaurateurs should consider in their trademark strategy.
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Rummage table instead of luxury
Düsseldorf Higher Regional Court prohibits TK Maxx from selling L’Oréal luxury cosmetics. The court confirms that rummage counters destroy the…
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Cyber attack and GDPR liability
GDPR damages for cyber attacks. Krefeld Regional Court denies liability for zero-day exploits and state-of-the-art software.
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Sustainable and CO₂-neutral misleading
CO₂-neutral is not the same as CO₂-reduced: Bochum Regional Court condemns retailer for misleading sustainability advertising. What companies now need…
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Food flavoring or e-cigarette accessories?
Federal Court of Justice: Individual mixing components for e-cigarettes can also be considered refill containers. Previous advertising can continue to…
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Liability for errors in Google Ads
Federal Court of Justice: Retailers are liable for incorrect Google ads, even if Google creates the ads automatically and independently.…
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Free test drive in return
Karlsruhe Higher Regional Court: Influencer must label Audi and BMW posts as advertising – even if she was only reimbursed…
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Limit for abusive GDPR requests
ECJ: Even a first GDPR request for information can be abusive. Refusal to provide information triggers compensation – even without…
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Distance Learning Act does not apply to coaching
Do coaching providers have to pay back remuneration received because their contract violates the FernUSG? The Darmstadt Regional Court has…
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Copyright for Fender Stratocaster
Fender wins before the Düsseldorf Regional Court against Chinese dealer. The Fender Stratocaster body shape is protected by copyright.
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Red Bull wins against Cowboys
Red Bull wins before the EUIPO. The RIDER sign infringes the reputation protection of the well-known Red Bull trademarks and…
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No trademark for Pico-Balla
HARIBO Pico-Balla failed as a 3D trademark. The EUIPO refuses registration due to a lack of distinctiveness.
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Copyright stings tattoo
Copyright law also applies in tattoo studios: anyone who engraves other people’s motifs as tattoos risks a cease and desist…
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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…
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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…
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Frida Kahlo and US copyright
Frida Kahlo trademark dispute: EUIPO Board of Appeal overturns invalidity decision – a US copyright certificate alone is not enough.