Satisfaction guarantee is a real guarantee
A guarantee is an obligation of the entrepreneur that goes beyond the mere warranty. But when does a guarantee exist…
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Künstliche Intelligenz
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Known from… what actually?
Awareness advertising is a powerful tool in a company’s marketing mix. This is why many websites include references such as…
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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…
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Online corona test certificates without doctor contact misleading?
Corona test certificates are in high demand in times of 3G and 2G+. But what are the requirements for corona…
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Oh you fat egg (from salmonella-free chickens)
Is it permissible to advertise with “eggs from hens proven to be salmonella-free” or is such an advertising statement anti-competitive?
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Trade secret requires sufficient confidentiality measures
In a recent decision, the Higher Regional Court of Hamm dealt with the appropriateness of confidentiality measures to protect trade…
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Morbier cheese – The scope of protection of a protected designation of origin
Certain foods can be protected as geographical indications or designations of origin. What does the protection apply to?
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Privacy Shield invalid! Standard contractual clauses no alternative?
ECJ: Privacy Shield invalid. Data transfer to the USA no longer on this basis. Are standard contractual clauses an alternative?
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Performance protection under competition law for Capri-Sun stand-up pouches
Is the Capri-Sun stand-up pouch protected under competition law even though no trademark rights or other intellectual property rights exist…
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May the 4th be with you
Star Wars Tag Today, the DPMA is also commemorating Star Wars Day and the intellectual property strategy surrounding the star…
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IDO association loses due to data protection cease and desist letter
IDO association fails with injunction action against car accessory dealer due to missing privacy policy on the eBay platform before…
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Trade Secrets Act: What companies need to do now
The new Trade Secrets Act (GeschGehG) changes the requirements for the protection of trade secrets in Germany.
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Instagram: Temporary injunction against influencer for surreptitious advertising
More and more companies are advertising with influencers on social media platforms such as Instagram without complying with labeling requirements.
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Name “cream cheese” for vegan spread?
Is it permissible to advertise a vegan spread with the statement “like cream cheese”? Or is such advertising anti-competitive?
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3 years imprisonment for infringement of a trademark
What is it all about? A trader in wristwatches imported a total of 29,032 wristwatches into the European Union and…
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No before/after pictures for cosmetic surgery
Are doctors allowed to advertise cosmetic surgery, in particular by presenting photos of patients before and after treatment?
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Link liability – the end of copyright on the Internet?
Link liability for copyright infringements on the internet – nightmare for authors or the end of the internet as we…
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GEMA vs. YouTube
GEMA – YouTube. What happens when users of platforms upload videos with illegal content? This raises the question of whether…
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Liability for hyperlinks
Under what circumstances are you liable for a hyperlink on your own website and when do you have to remove…
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What exactly is an outlet?
Who is actually allowed to advertise with the term “outlet” and what does it mean? Is the use of “outlet”…
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Trademark protection for Lego figures
Can toy figures such as the Lego figures be protected as a 3D trademark or is it a purely technical…
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SEO and SEA: Service contract or contract for work?
The contractual classification of SEO and SEA services provided by agencies as a service contract or contract for work is…
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Better Call Saul – limits of lawyer advertising
Lawyer advertising like Better Call Saul “Better Call Saul” is a spin-off of the hit series“Breaking Bad” in which Saul…
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The Marlboro Man and the tobacco advertising ban
Probably no longer permitted today: The Marlboro Man, cigarette icon of the 20th century. On the changes and requirements for…
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Amazon warning trap
Clemens Pfitzer, certified expert in intellectual property law and IT-law, outlines some of the most common reasons for cease and…
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Rubik’s cube remains protected
The Rubik’s cube, which has been popular since the 1980s, remains protected as a 3D trademark. Following a decision by…
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Free second pair of glasses
Are opticians allowed to advertise a free second pair of glasses or is this an inadmissible advertising gift under the…
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Embedding third-party content on the web is not a copyright infringement!
The European Court of Justice clarifies that the embedding of third-party content (framing) does not infringe copyrights under certain conditions.
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EUR 1,000 in damages for nude photos via WhatsApp
What claims are you entitled to if classmates share nude photos via Whatsapp? Frankfurt Regional Court awards compensation for pain…
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Nasty UBER surprise for UBER drivers
What legal challenges do UBER drivers face in Germany and how does the legal situation affect their work?
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Right of withdrawal for gold bars
Is there a right of withdrawal when buying gold bars online? Or is there an exception to the right of…
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No transfer claim for .eu domains
Is there a transfer claim for .eu domains or not? Find out everything about the decision of the OLG Stuttgart…
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Hammer advertising for doctors
Hammer advertising and its legal limits for doctors in the competitive medical market. What is allowed for advertising gifts to…