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Results: 1-10 of 21

Burden of proof in counterfeit and parallel import cases

  • Hogan Lovells
  • -
  • Germany
  • -
  • 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 "VW" logo in advertisement of independent garage infringes Volkswagen's trademark rights

  • Hogan Lovells
  • -
  • 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

Protection of shape marks further weakened

  • Hogan Lovells
  • -
  • Germany
  • -
  • 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

Trademark protection for simple figurative signs on shoes

  • Hogan Lovells
  • -
  • Germany
  • -
  • 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

Transit of counterfeit Estée Lauder products stopped under German tort law

  • Hogan Lovells
  • -
  • Germany
  • -
  • January 20 2011

The Court of Appeal of Berlin held that the transit of counterfeit products through Germany under customs surveillance, threatening to infringe trademark rights in the country of destination, constitutes a tortious act in Germany

Sequestration of infringing products in preliminary proceedings

  • Hogan Lovells
  • -
  • Germany
  • -
  • July 22 2010

Counterfeiters are a huge problem for the holders of design or trademark rights

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

  • Hogan Lovells
  • -
  • Germany
  • -
  • 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

"SUPERgirl" the relevance of prior registrations

  • Hogan Lovells
  • -
  • 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

Imprint of former Eastern Cloc symbols on clothes does not constitute use as a trademark - Federal Court of Justice, Decisions of 14 January 2010, I ZR 8208 ("CCCR") and I ZR 9208 ("DDR")

  • Hogan Lovells
  • -
  • Germany
  • -
  • October 14 2010

The Federal Court of Justice decided in two cases that the use of Eastern Bloc symbols as imprints on clothes does not constitute use as a trademark as the relevant public does not perceive them as indications of commercial origin

A trap for the speedy FIREFOX? Fighting fraudulent websites offering downloads of Mozilla FIREFOX software

  • Hogan Lovells
  • -
  • Germany
  • -
  • July 22 2010

Fraudulent online traps are a phenomenon frequently encountered in Germany