3D trade marks and absolute grounds for
The General Court ruled in December that Lego minifigures are valid EU trade marks (EUTM).
Invalidity of an EU trademark – Relevant public with regard to a language which is not an official language of the EU
Where a descriptive character of a trademark has to be assessed, the assessment depends on the relevant public. In the case of an EU trademark (EUTM), the language of the relevant public does not have to be an official language of the EU. It is only important that the language is understood and spoken by a relevant part of consumers in the EU.
Use of a trademark for generic terms
Federal Patent Court affirms the rare case of complex trade mark similarity.
Protectability of the USM Haller Modular Furniture System – A Work of Applied Art?
Should the Evaluation of Originality in a Work (of Applied Art) be based on the subjective creative process or on the object of creation, i.e., the result of the creation from the perspective of an objective observer?
Similarity of various beverages
The assessment of similarity of goods must consider the specific wording of the list of. A comparison of the respective generic terms is inadmissible.
Legally valid use of a word mark “Gourmet”
If a trade mark is not used in the registered form the trade mark owner sometimes needs more time to enforce his rights.
Misleading advertising with “climate neutral”
The term “climate neutral” is being used more and more by companies as consumers are increasingly interested in climate neutrality.
SimonGraeser Achieves Significant Victory for Authors’ Rights – Successful Damages Claim on Behalf of a Professional Photographer against Süddeutsche Zeitung for Failure to Credit Authorship
The court emphasizes the high standards of care in copyright law and the importance of the right to be credited as an author as an expression of the right to personal integrity in authorship
Latest Developments in Legal Jurisprudence for the Protection of Trade Secrets (GeschGehG)
Adequate Protection Measures are Essential – Judicial Increase in the Burden of Proof for Owners of Trade Secrets.
Artistic freedom outweighs rights of luxury handbag manufacturer Hermés
Fashion label allowed to incorporate characteristic features of a luxury handbag.