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Keyword advertising with third party trademarks does not infringe if visually separated from search results

Hogan Lovells
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Germany
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February 5 2013

The Federal Court of Justice has confirmed its case-law on the admissibility of keyword advertising with third party trademarks. The function of the

Requirements for non infringing keyword advertising with third party trademarks

Hogan Lovells
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Germany
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January 31 2013

The Federal Court of Justice confirmed its case-law on the admissibility of keyword advertising with third party trademarks. The function of the

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

Hogan Lovells
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Germany
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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 4094

Protection of shape marks further weakened

Hogan Lovells
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Germany
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July 20 2012

The Court of Appeal of Cologne reversed the decision of the District Court of Cologne which had granted an injunction against the chocolate producer Milka for infringing Ritter Sport's three-dimensional trademark

Burden of proof in counterfeit and parallel import cases

Hogan Lovells
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Germany
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April 26 2012

The Federal Court of Justice held that in a counterfeit case the trademark owner is not obliged to prove the counterfeit nature of the product but it is for the defendant to prove the product's authenticity and the exhaustion of the trademark rights

Use of modified marks new references from Germany and the UK to the Court of Justice

Hogan Lovells
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European Union, Germany, United Kingdom
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April 26 2012

The German Federal Court of Justice and the Court of Appeal of England & Wales have referred questions to the Court of Justice of the European Union (CJEU) on the use of trademarks in a modified form to that on the register

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

Hogan Lovells
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Germany, Italy
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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

Exhaustion of trademark rights and consent of the trademark owner

Hogan Lovells
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Germany
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October 25 2011

The Federal Court of Justice decided that there is no exhaustion of trademark rights if the trademark owner has given his consent to the marketing of goods only under the condition that the packaging with the trademark on it is removed from the goods

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

Hogan Lovells
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Germany
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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

Trademark protection for simple figurative signs on shoes

Hogan Lovells
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Germany
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April 14 2011

In a series of recent decisions the Federal Patent Court softened its strict approach for assessing the distinctiveness of figurative signs for use on products

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Search results

Keyword advertising with third party trademarks does not infringe if visually separated from search results

Requirements for non infringing keyword advertising with third party trademarks

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

Protection of shape marks further weakened

Burden of proof in counterfeit and parallel import cases

Use of modified marks new references from Germany and the UK to the Court of Justice

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

Exhaustion of trademark rights and consent of the trademark owner

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

Trademark protection for simple figurative signs on shoes

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