Expensive formal error in cease and desist letter
Errors in the form of competition law cease and desist letters can be expensive, as a decision by the Regional…
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Künstliche Intelligenz
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Online coaching is not distance learning
Munich District Court clarifies that online coaching is not distance learning if the support is comparable to face-to-face events.
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Payback capped for medical devices
Federal Court of Justice ruling stipulates that only PAYBACK points worth a maximum of one euro are permitted per medical…
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IDO association loses authority
No enforcement without list entry. The IDO Association loses its authority and may not enforce old titles.
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Risk of incorrect revocation instructions
A recent decision by the Higher Regional Court of Stuttgart shows the harsh consequences of incorrect withdrawal instructions in e-commerce.
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Consumer advice center vs. Facebook
Consumer protection association may successfully prohibit data protection violations by Facebook (Meta).
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Turkey imports without brand exhaustion
Parallel imports outside the EEA, in particular Turkey, cannot claim exhaustion to defend against trademark claims
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Hatefluencers are not competitors
As an influencer, can you defend yourself against the accusation of being a hatefluencer with the means of competition law…
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Advertising with before and after pictures for Hyaluron
Is advertising with before and after pictures for wrinkle and lip injections permitted? The Federal Court of Justice has clearly…
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EUR 30 million contractual penalty enforceable
Background to the case At the heart of the proceedings were long-standing trademark disputes between two companies relating to the…
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“Katze NÖ” enjoys copyright protection
“Katze Nö” drawing with raised middle finger is protected by copyright.
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Amazon discount advertising anti-competitive
Online retailers on Amazon risk cease and desist letters under competition law if they advertise with strike prices and discounts…
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Vegan apple leather misleading
Find out why apple leather is considered misleading. A case shows the problems behind vegan alternatives.
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Is coaching distance learning?
Is coaching distance learning? The Federal Court of Justice has ruled on this. Coaching providers now need to take action.
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Limits of information in trademark law
What are the limits of information in trademark law? What applies if you no longer know the customers and suppliers…
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R.I.P. ODR platform
Find out everything you need to know about the ODR platform and its discontinuation on 20.07.2025. What steps should companies…
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A leaf like any other
A stylized hemp leaf lacks the necessary distinctiveness to be registered as a trademark.
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New rules for advertising with sustainability
The German government plans to implement the new rules for advertising with sustainability and environmental claims and against greenwashing.
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AI training with Facebook and Instagram
The Cologne Higher Regional Court has decided whether Meta may use publicly accessible data for AI training with Facebook.
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Cancellation of the OBI color trademark
Learn more about the cancellation of the orange OBI color trademark and the challenges that come with color trademarks.
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Awards for KPW
According to Best Lawyers and Handelsblatt, Clemens Pfitzer and Markus Wekwerth are among Germany’s Best Lawyers 2025.
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Physician advertising for dietary supplements
Advertising by doctors is inadmissible if it contains health claims that do not correspond to established scientific knowledge.
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E-cigarette pods without age verification
The sale of so-called pods without age verification is anti-competitive. Companies must ensure the protection of minors – otherwise there…
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Domain Yes, Company No
The combination with a top-level domain alone is not sufficient for generic terms to create a legally registrable company.
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GenAI and copyright
EUIPO study: Learn more about GenAI and copyright. What impact does generative artificial intelligence have on copyright law?
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Data from Facebook and Instagram for AI training
The Higher Regional Court of Cologne has ruled that Meta may use public user data from Facebook and Instagram for…
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Advertising for botanicals prohibited
ECJ: Advertising with health claims for botanicals currently inadmissible under the Health Claims Regulation.
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Google is liable for DSA
Google is liable as a disturber from the time it becomes aware of an advertisement by a third party that…
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Textbook publisher infringes copyright
Textbook publisher infringes copyright in young adult novel by reproducing the plot in a teacher’s guide.
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No pills on holidays
Pharmacies without an emergency service are not allowed to have medicines delivered on Sundays and public holidays. Otherwise they are…
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Feel the beat of IP
The motto of this year’s World IP Day is “Feel the beat of IP” and focuses in particular on the…
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EU reform of design law
Reform of EU design law Regulation (EU) 2024/2822 of 23 October 2024 modernizes the previous Community Design Regulation and further…
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Fat away, but not in advertising
The description of a dietary supplement as a “fat burner” contains a specific unlawful health claim.
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Liability for unlawful customer reviews
Companies must take responsibility for any unlawful statements contained in published customer reviews as their own statements.
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Health data on Amazon – not without consent
When selling pharmacy-only medicines, a pharmacist must ensure that the customer has consented to the processing of health data.
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Illegal advertising with RRP
Advertising with a non-binding price recommendation is not permitted if the recommendation was not determined on the basis of a…
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Jägermeister finally defeats SELVA NEGRA
We successfully defended our client Selva Negra against Jägermeister’s claims for trademark infringement.
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Coaching is not distance learning
Coaching is not distance learning: the mere possibility of asking questions does not constitute a learning success check.
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BPATG: Layher patents null and void
Federal Patent Court declares German and European patent of Wilhelm Layher Verwaltungs-GmbH for scaffolding frames null and void.
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Delivery to China
The Regional Court of Frankfurt am Main opens the way for public service of process in China in order to…
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Generative AI models Opportunities and risks according to the BSI
The German Federal Office for Information Security (BSI) has published a paper on “Generative AI models – opportunities and risks…
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NPD: immoral as a trademark
The NPD fails before the Federal Patent Court in its attempt to register the German trademark NPD on the grounds…
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Prohibition of brand use for spare parts
The owner of an EU trademark can prohibit third parties from using the trademark for spare parts – regardless of…
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Misuse of personal data justifies damages
Immaterieller Schaden bei Verstößen gegen DSGVO Personen, die aufgrund eines Verstoßes gegen die DSGVO einen materiellen oder immateriellen Schaden erlitten…
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Are only attorneys allowed to complain about negative reviews?
Are only attorneys allowed to complain about negative reviews? Or are online providers without a license to practice law also…
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Does SCHUFA-Score violate the GDPR?
The SCHUFA score often determines creditworthiness. But does the SCHUFA score possibly violate data protection law?
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Masterclass for coaches in distance learning
Coaching A coaching company offered various coaching and training courses online, through which participants could make horrendous profits in the…
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Price with or without deposit
Clarity about the price with or without a deposit: this is how retailers must state the price, taking into account…
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No reimbursement of costs for a patent attorney in trademark matters
Patent attorney in trademark disputes Patentanwaltskoten waren in der Vergangenheit in Markenstreitigkeiten stets erstattungsfähig. Diese Rechtslage hat sich nicht zuletzt…
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No use of the trademark for disposable deposits
Einwegpfandsymbol Die Deutsche Pfandgesellschaft ist Inhaberin einer EU Bildmarke. Die Marke ist seit Juni 2007 als Individualmarke unter anderem für…