TikTok publishes films without authorisation – no release from liability according to the Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG)
Delaying tactics in the negotiations with the copyright owner do not comply with the licence obligation under Section 4 UrhDaG (Act on the Copyright Liability of Online Content Sharing Service Providers).
Birkenstock fails before the Higher Regional Court of Cologne in copyright dispute regarding “Arizona” and “Gizeh” sandals
Birkenstocks do not fulfil the requirements of a work of applied art within the meaning of §§ 2 par. 1 No. 4, par. 2 UrhG (Act on Copyright and Related Rights), because they are not artistically designed beyond their form – which is dictated by their function.
How posts on Instagram did disclose the design of Puma’s shoes prior to the 12-month “grace period”
General Court confirmed the invalidity of Puma’s Community Design since the white shoes with a thick black sole had been made available to the public by Puma prior to the 12-month “grace period’.
There is a likelihood of association between the figurative mark “Greenlyst” and the word mark “LYST”
The sign “Lyst” was copied identically in the trademark “Greenlyst”. This is not automatically sufficient to confirm a likelihood of confusion. In the present case “Lyst” could suceed against “Greenlyst”.
The Independent characteristic position of the Opposition Mark “COCO” in the challenged trademark “HiCoco”
CHANEL partially prevails – The Federal Patent Court in Germany (BPatG) rules that “HiCoco” cannot be claimed for perfume in Class 3.
No protection against imitation under unfair competition law for “Glück” (happiness)
Wird ein Produktname verwendet, der Emotionen hervorruft, wie „Glück“, dann ist dies ein Konzept, das über das Wettbewerbsrecht grundsätzlich nicht geschützt ist.
Berlin Court of Appeal (KG) decides on the copyright permissibility of framing and the limit of Section 50 of the German Copyright Law (press privilege)
The framing of photos may be permissible under copyright law in the context of current events if this falls within the scope of Section 50 of the German Copyright Law (reporting on current events).
Scope of protection of a figurative trademark in the fashion industry
Marks depicting wild and exotic animals have a low distinctive character in the fashion sector.
Deception of origin – misleading commercial practices
Wunderbräu not a climate-neutral beer brewed in Munich after all – beer bottle may no longer bear the Munich address and “CO2 positive” and “climate-neutral” according to the decision of Munich Regional Court I.
Trade mark use under Article 9 II EUTMR and the exception under Article 14 I c) EUTMR
How far may spare parts dealers go to indicate that a spare part is intended for vehicles of a trade mark proprietor?