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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Künstliche Intelligenz
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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.
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Copyright in AI songs
Regional Court Frankfurt a. M.: Lyrics written by humans remain protected by copyright, even if the music comes from an…
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Buyer protection as a cost trap
Vinted may not offer buyer protection by default in the checkout – KG Berlin confirms violation of consumer law.
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Trademark infringement by competitors
A competitor cannot take action under competition law against a competitor who infringes third-party trademarks.
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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.
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No organic code in brochures
Organic advertising without a control number? No problem – the ECJ clarifies: No obligation to state the organic code for…
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Limits for cannabis advertising and telemedicine
Hamburg District Court bans cannabis advertising on telemedicine platforms. Telemedicine offers should not look like an online store.
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MenoGlück inadmissible health claim
Cologne Higher Regional Court prohibits “MenoGlück” and clarifies loss of urgency in the event of a late cease and desist…
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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…
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Immunkraft unfair for fruit juice
“Immune power” for vitamin-rich fruit juice sounds good – but is banned. What food manufacturers need to know now.
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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…
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The devil is in the priority
It is negligent to file an opposition against a supposedly younger trademark and disregard its priority.
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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…
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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…
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Countdown in e-commerce
Hanau Regional Court prohibits mobile phone provider from countdown advertising if the same offer is repeatedly extended under a different…
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AI logos without copyright protection
AG Munich denies copyright protection for AI-generated logos. The decisive factor is the human creative influence on the result.
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Lux is not Luv
LUX vs. LUV The word mark “Lux” was applied for at the German Patent and Trade Mark Office (DPMA) on…
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Medfluencer? Doctor advertises on Instagram
Medfluencer? Gericht untersagt Arzt Werbung auf Instagram für Sonnencreme und Batterien wegen Verstoßes gegen die ärztliche Berufsordnung.
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Right of action against the EDPB
ECJ: Companies can challenge binding decisions of the EDPB directly before the ECJ, even if the decision is addressed to…
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Abstract revocation instruction is sufficient
Entrepreneurs do not have to specifically inform consumers. It is sufficient to state the statutory conditions for withdrawal.
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UK trademarks lose effect in EU opposition proceedings
The European Court of Justice has ruled that older trademarks protected in the UK can no longer serve as a…