Names of famous artists as trademarks – when is the use really genuine? *

Germany - July 20 2012
The German Federal Court of Justice decided that neither the use of the sign "ZAPPA" as part of a domain name ("zappa.com") nor as part of the sign "Zappa Records" constituted right-preserving genuine use of a trademark under Articles 15 (1) and (2a) EC Regulation 40/94.

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Coexistence of "Bavaria Holland Beer" trademark and the geographical indication "Bayerisches Bier" in Europe? *

Germany, Italy - January 27 2012
In the multi-jurisdictional dispute between Bayerischer Brauerbund e.V. (Bavarian Brewers Association) who enjoys protected geographical indication (PGI) status for the term "Bayerisches Bier" ("Bavarian Beer") and the Dutch brewer Bavaria N.V. which owns the international trademark registration "BAVARIA HOLLAND BEER" for its beers, the German Federal Court of Justice and the Italian Court of Appeal of Turin ruled on the validity of Bavaria's trademark.

Co-authors: Maria Luce Piattelli.

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Use of "VW" logo in advertisement of independent garage infringes Volkswagen's trademark rights *

Germany - July 21 2011
The Federal Court of Justice decided that the use of the figurative trademark “VW” by an independent garage infringed Volkswagen's trademark rights.

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"SUPERgirl" — the relevance of prior registrations *

Germany - April 14 2011
The Federal Court of Justice stated that the German Patent and Trademark Office (GPTO) is not obliged to disclose its reasons for a dissenting decision regarding prior registrations.

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Assessment of distinctiveness of a word mark shall also take into account the common kinds of its use *

Germany - January 20 2011
The Federal Court of Justice ruled that for the assessment of the distinctiveness of a trademark, the common kinds of its use shall also be taken into account.

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