The German Federal Supreme Court confirms German trademark protection for the "Hohenloher pig" - as a collective mark. This has effect for all collective marks, because even if a product is not protectable as a European protected geographical indication like g.t.A. , it can be protected as a German collective mark.
A few days ago and only shortly after the start of the trial in Texas for infringement claims in the FRAND patent dispute Huawei and Verizon both parties settle the patent dispute and the lawsuits - under confidential terms. One may assume how this was spurred:
Chocolate manufacturer Lindt is successful before the Federal Supreme Court: the gold hue of the Lindt-gold hare has trade validity, the Federal Supreme Court ruled today. An important stage win for trademark protection on the gold colour of the famous Lindt-gold hare - and a contribution to the case law regarding an
The European Court of Justice has given another ruling on a 3D "shape" mark, a 3D mark lipstick. It is not novelty or originality that leads to distinctiveness, nor a "quality design" - what is decisive is rather an unusual visual effect.
News on the "Black Friday" trademark in Germany: the "Black Friday" trademark is cancelled for essential services in the field of advertising - now also legally binding through a ruling by the German Federal Supreme Court BGH:
Aldi failed before the European Court (CFI) in the trademark registration of the Aldi trademark CUCINA, which is well-known in Germany. Aldi had unsuccessfully applied for trade mark protection for an EU figurative mark CUCINCA. The EU trade mark CUCINA is descriptive and was therefore refused.
When the term BODYSECRETS is used, isn't the connection with beauty, cosmetics and fashion very obvious? This is how Victoria's Secret argued against the registration of the Union figurative mark BODYSECRETS from China - but in vain.
A person who has been warned can eliminate a presumed risk of repetition by making a serious declaration to cease and desist, ruled the German Higher Regional Court of Schleswig interpreting § 13 UWG. In the case of § 13a (2) UWG n. F., a simple cease and desist declaration is sufficient - without penalty clause.
The German BGH ruled on damages in the case of delivery of a patent-infringing product from a foreign-based supplier - a continuation of a former BGH decision. The patent concerns a parking aid system for motor vehicles - the defendant is a Taiwan-based company, supplier to many car manufacturers:
Another hurdle against the long-awaited UPC ( European Unified Patent Court) has fallen: The Federal Constitutional Court rejects the appeal. A violation of fundamental rights was not sufficiently credible.
For the first time since the reform of trademark law, which among other things introduced sound marks, the European Court ruled about a sound mark. The sound mark "tin plop" was devoid of distinctive character, the CFI ruled - with interesting aspects of case law relating to sound marks.
It is not only with the new trend towards digitalisation, also in the field of medical technology, that proceedings concerning hardware and software for medical technology and the question of CE certification for medical devices come before the courts. The ECJ and the German BGH ruled on this issue already 2013.
Dr Tim Meyer-Dulheuer will again be named in the "IAM Patent 1000" list of the world's top 1000 patent attorneys in 2021 - this year with the additional special distinction of Dr Tim Meyer-Dulheuer as an outstanding patent attorney in "IAM Strategy 300 Global Leaders 2021".
Up to now, the whole of Germany has always been considered the "scene of the crime", especially for legal infringements on the internet, so itinerant tribunal was possible. This should no longer be possible since the UWG amendment of 2020 and § 14(2) UWG n.F.. But, German courts are nevertheless not in agreement in
In the trademark dispute Zoom v Zoom, the CJEU confirmed no likelihood of confusion between the marks. Both claimed goods of Nice Class 9 "downloadable computer programs" - but with different functions.