Awards for KPW
According to Best Lawyers and Handelsblatt, Clemens Pfitzer and Markus Wekwerth are among Germany’s Best Lawyers 2025.
Archiv
Künstliche Intelligenz
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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…
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Money-back guarantee is a real guarantee
Is a satisfaction guarantee a guarantee in the legal sense? Does a satisfaction guarantee require a guarantee declaration?
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Known from… what actually?
When is advertising on a website with “Known from…” permissible when naming media and what must be observed?
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Risk of repetition despite cease-and-desist declaration
With the reform of competition law at the end of 2020, the legislator wanted to make it more difficult to…
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Putin and public morality in trademark law
Does a trademark application with the name of Russian President Putin violate public morals and must therefore be rejected?
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Odor marker for golf balls
The registration of an olfactory trademark presents great difficulties and a complex challenge in trademark law. A recent ruling by…
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EU-US Data Privacy Framework in force
After Safe Harbor and Privacy Shield were overturned by the European Court of Justice years ago as the legal basis…
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No ban on the name Königsalm before the Stuttgart Spring Festival
Königsalm auf dem Stuttgarter Frühlingsfest Die von uns vertretene Familie Renoldi betreibt die Königsalm auf dem Wasen in Stuttgart. Die…
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5% compensation in damages for Layher
Is the purely promotional use of a trademark to be taken into account in reducing damages? The OLG Stuttgart says…
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Jägermeister defeats Selva Negra in trademark dispute
Herbal liqueur giant Mast Jägermeister loses to Selva Negra, which was represented by KPW, in a trademark dispute before the…
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Focus Top Medical Seal misleading?
Every year, Focus magazine publishes a list of the top doctors in Germany. But is the advertising with the Focus…
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WTR 1000, 2023: 1 x silver and 3 x bronze for KPW
KPW once again receives bronze in the WTR 1000, the global ranking of the World Trademark Review. All partners were…
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Infringement of a certification mark
When is a certification mark infringed? How far do the trademark owner’s claims go and what role do the trademark…
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Where can Himalayan salt come from?
On the requirements for designations of origin when the consumer associates a very specific place with the designation (Himalayan salt)?
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Rating portal must provide evidence of customer contact
Bad reviews are a nuisance for many companies, especially if the reviewer was not even a customer. But in the…
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Duty to inform about manufacturer warranties
Under what conditions are online retailers obliged to provide information about manufacturer’s warranties? What must retailers bear in mind.
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Conclusion of contract by shipping the goods ineffective
Is a GTC clause “Conclusion of contract by shipping of the goods” permissible? When must an order confirmation be sent…
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Medicine in motion
When is a trademark used as a trademark and when is it merely descriptive? The Higher Regional Court of Nuremberg…
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Artificial intelligence as an inventor?
Innovations are often created with the help of AI. But can an artificial intelligence be considered an inventor within the…
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New regulations on price information
As of 28.05.2022, the regulations on price information have changed. We present the main changes to the Price Indication Regulation…
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Changes in competition law
Numerous changes to competition law came into force on 28.05.2022. Here you can find out everything about the main changes…