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‘23% off’ – CJEU provides clarity on discount advertising
The Court of Justice of the European Union (CJEU) has ruled on advertising with price reductions. The Luxembourg judges have clarified that the discount stated by the retailer must refer to the lowest price offered in the (at least) last 30 days. The mere (additional) indication of the best price within this period is not […]
Read moreAdvertising with climate neutrality permissible, but requires explanation
The Federal Court of Justice (BGH) has commented on advertising with environmental claims and specified the requirements for the term climate neutrality. According to the judgement, such advertising is generally permissible but the basis of the statement must be directly disclosed in the advertising. In other words, it must be made clear whether the statement […]
Read moreRegistered Designs & Novelty: Prior Instagram post may lead to cancellation
Registered Community Designs (RCD) are an extremely effective tool to defend design against copycats. However, applicants of such designs must strictly observe the novelty grace period as part of the registration process and submit the application within the 12-months period. The sporting goods manufacturer Puma recently lost a registration for a Community Designs covering shoes […]
Read moreLegal Protection for Fictional Characters
We encounter fictional characters in product advertising as well as in literature or film. Harry Potter, Superman and the Michelin Man also show the high economic value and the possibilities of exploitation for such artificial characters. The legal dispute over the bearded advertising figure of Captain Iglo shows, however, that legal risks can arise when […]
Read moreCopyright Law: Fair Use and Drone Pictures
Aerial photographs taken with a drone are not covered by the fair use provision based on freedom of panorama as laid down in the German Copyright Code (§ 51 I 1 UrhG). If the drone pictures feature works protected by copyright, the consent of the respective rights holder is required for the photos to be […]
Read moreUse of trademarks on toy cars – a never ending story?
The use of registered trademarks on miniature products – in particular toys – has been the subject of several cases in the past. The German Federal Court of Justice (BGH) has now added another facet to the legal discussions surrounding the potentially infringing utilization of third-party trademarks. The judges expanded the scope of recent decisions […]
Read moreStreet artist BANKSY secures trademark victory at EUIPO
British street artist BANKSY has gained a major success before the Boards of Appeals of EUIPO (European Union Intellectual Property Office) regarding his well-known image of a monkey. A greeting card company had filed a request for cancellation. The Fifth Board of Appeal held that the trademark, registered by BANKSY’s authenticating body Pest Control Office […]
Read moreGreen Branding vs. Greenwashing
Sustainability has evolved from a niche topic into a mandatory parameter for companies to stay up with the competition. Green advertising can now be found everywhere, for example as an organic label on products, through advertising that emphasizes sustainable production or packaging, or simply through graphic associations with the topic of sustainability. However, critical voices […]
Read moreFighting Piracy via Website Blocking?
The internet is a natural environment for unlawful trade to flourish. While there are several ways to tackle Piracy, many of these have been proven to be ineffective or expensive. Even if a persistent plaintiff manages to block unlawful content, it can easily resurface – sometimes under an almost identical domain name or using a […]
Read moreOnline rating portals: BGH strengthens legal position of rated companies
Companies are increasingly confronted with negative comments on rating portals, where it is unclear whether the rating is really based on real customer experiences. This applies in particular to anonymous ratings that do not allow any conclusions to be drawn about the actual use of the product or service by the reviewers. The German Federal […]
Read moreCJEU: Burden of proof in non-use revocation proceedings
The Court of Justice of the European Union (‘CJEU’) has issued a decision that clarifies the allocation of the burden of proof in trademark revocation proceedings in EU Member States. The Tenth Chamber ruled that national non-use cancellation proceedings must follow EU provisions. Thus, the burden of proof for genuine use rests on the proprietor […]
Read moreCommunity design for interlocking bricks remains registered
The General Court of the European Union has ruled that a Community design registered by Lego for building blocks from a toy building set in 2010 remains registered (judgment of 24/03/2021, Case T-515/19). With its judgment, the General Court overruled a prior decision of the Boards of Appeal of EUIPO. Lego is the proprietor of […]
Read moreBrand Protection for Slogans?
Slogans enjoy a solid position within the advertising landscape. The economic value of a slogan can rise into spheres which are usually only achieved by well-known brands. The significance is further underlined by regular press reports on legal disputes which arise out of use of slogans. It is therefore evident that product managers have an […]
Read moreProtected Geographical Indications: Germany’s highest civil court rules on Black Forest Ham
The highest German civil court – the Federal Supreme Court of Germany (BGH) – has ruled that Schwarzwälder Schinken (“Black Forest Ham”) may be sliced and packaged outside the Black Forest without losing the right to use the according protected geographical indication (judgment of 3/09/2020, file number: I ZB 72/19). The long-standing packaging dispute started […]
Read moreGermany: Amended rules to Unfair Competition Law
Substantial amendments of the “Gesetz gegen den unlauteren Wettbewerb” (short “UWG”) – the German codification of the laws of unfair competition – entered into force in December 2020. The modifications are meant to strengthen fair competition and to prevent so-called abusive warning letters. The changes relate in particular to the locus standi, the requirements for […]
Read moreUPDATE: Trademarks & Designs after BREXIT
After the UK left the EU both parties agreed on a withdrawal agreement which comprised an interim phase. This BREXIT transition period excluded changes to European Union Trademarks (EUTMs) and Registered Community Designs (RCDs). It will come to an end on 31 December 2020 and IP rights owners have to get prepared for changes which […]
Read more.shop, .vip, .online: New generic Top Level Domains (new gTLDs) on the rise
Back in 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed on the stepwise introduction of new generic Top Level Domains (new gTLDs). Around 1.180 new domain names such as .blog, .music, .museum and .luxury have become available for registration of second level domains since then and their importance is growing. In April […]
Read moreTrademarks & Designs: Corona-Update on proceedings before Trademark Offices
The corona crisis is also affecting proceedings before Trademark Offices. Below we summarize the relevant updates regarding pending deadlines for proceedings before the German Trademark and Patent Office (DPMA), the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO): Which implications has COVID-19 with regards to deadlines set by the Office […]
Read moreeBook piracy on the rise
For a long time online piracy has been associated with music, movies and software. But the popularity of e-readers has also led to a growing eBook and ePaper piracy trend. This is seen as a major hindrance to further growth of digital sales and there is not yet a consistent approach to fighting it. It […]
Read moreThe Power of Green Branding
Brand owners have been focusing on sustainability for some years and the topic has gained further importance in the last months. New trademarks are therefore developed, existing amended and companies also look for completely new ways of legal protection. One may think of the registration of ordinary trademarks, eco-labels or the use of certification marks. […]
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