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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Künstliche Intelligenz
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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…
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Paris Bar – Kippenberger’s co-author
Munich Higher Regional Court confirms the claim for recognition of the commissioned painter’s co-authorship of Kippenberger’s Paris Bar paintings.
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Cease and desist letter for music on Instagram & TikTok
The use of music on TikTok and Instagram can quickly become expensive for companies: Copyright cease and desist letters and…
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Motion mark versus word/figurative mark
EUIPO rejects motion mark “Lamborghini” due to likelihood of confusion with earlier Tonino Lamborghini trademarks.
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Liability for fake profiles on social media
What is it all about? Someone creates several fake profiles of a real person on a major social media service…
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E-mail addresses in the association
The Federal Court of Justice decides: Association members can request email addresses of other members – even against the will…
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Apartment photos and data protection
OLG Zweibrücken on data protection, information & real estate photos. Is implied consent sufficient? What landlords and estate agents need…
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Sharing passwords within the Group can be expensive
Trust is good, license is better Specialized information systems are indispensable in the modern corporate world. But while IT departments…
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WTR 1000, 2026: 1 x silver and 2 x bronze for KPW
KPW and the partners Clemens Pfitzer and Dr. Markus Wekwerth will also be recognized in the WTR 1000 ranking for…
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No limits to the tobacco advertising ban?
Where does the tobacco advertising ban begin? The Regional Court of Heidelberg recently had to deal with this question. It…
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AI memorizes entire books
When the AI knows Harry Potter by heart Researchers at Stanford University have proven what many copyright holders feared: Large…
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LEGO loses design protection
The EGC confirms: A rectangular Lego brick has no individual character compared to a square predecessor design. Duplication alone is…
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Liability for AI search results
The Regional Court of Frankfurt am Main has ruled for the first time on the liability of search engine operators…
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Counterclaim despite “free” cease and desist letter
OLG Jena: Counterclaim for unjustified cease and desist letter is not capped at zero because the cease and desist letter…
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Calculation of damages in trademark law
Nuremberg Higher Regional Court on the calculation of damages in trademark law: When does the license analogy apply? Liability for…
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Secondary mark needs indication of origin
Federal Court of Justice ruling on rights-preserving use of secondary marks: What companies need to bear in mind when combining…
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Ritter Sport vs. MONNEMer QUADRAT
No trademark protection for Ritter Sport. Chocolate manufacturer loses trademark dispute against “MONNEMER QUADRAT”
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Deceptive packaging: too much air in the box
Court condemns retailer for deceptive packaging of organic tofu. All about the 30% limit for pack volume, the burden of…
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Mail-order pharmacies: e-prescription vouchers inadmissible
Karlsruhe Higher Regional Court prohibits mail-order pharmacy from offering €25 voucher for e-prescription redemption. No permissible discount even if offset…
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lawsuits at the advertising destination
Federal Court of Justice changes case law: In the case of online trademark infringements from other EU countries, trademark owners…
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Swissness ruling stops fraudulent labeling
IPI successfully enforces Swissness On 08.01.2026, the Swiss Federal Institute of Intellectual Property (IPI ) announced a remarkable success against…
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Third-party cookie providers are now directly liable
OLG Frankfurt: Third-party cookie providers are directly liable in the absence of consent. Contractual agreements with website operators do not…
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No money for AI expert opinions
Court cuts remuneration to zero: expert secretly used AI for expert opinions. Darmstadt Regional Court sets clear limits on the…
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Partially pixelated photos are portraits
Berlin Regional Court strengthens victims’ rights online and prohibits partially pixelated photos of brutal hammer torture in the context of…
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Legal changes in 2026: What companies need to know now
Legal changes in 2026: EmpCo directive tightens greenwashing rules from September, AI Act applies from August. New e-commerce obligations for…
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Danger for trademark without consent
EUG: Silence is not consent. Why the EU trademark Danger was canceled despite cooperation and what companies can learn from…
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Puma wins with form stripes
Düsseldorf Higher Regional Court strengthens Puma: When stripes on sneakers infringe trademark rights – and where design is still permitted.
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Climate-neutral advertising unfair
Marburg District Court overturns climate-neutral label and natural advertising. Why greenwashing is risky and what will change for companies in…
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AI training despite reservation of use
Hamburg Higher Regional Court clarifies: When GTCs do not constitute an effective opt-out against AI training and why reservations of…
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No work title protection for Miss Moneypenny
Federal Court of Justice: No title protection rights to “Moneypenny”. Why the Bond character is not a work in its…
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EmpCo directive: risks for trademarks
The EmpCo Directive leads to significant risks for trademarks and trademark owners if trademarks can be understood as environmental statements.