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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

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

  • Hogan Lovells
  • -
  • 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

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

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

Third party liability for information claims in trademark infringement cases

  • Hogan Lovells
  • -
  • Germany
  • -
  • December 20 2013

The German Federal Court of Justice has referred questions to the European Court of Justice (CJEU) regarding the scope of information claims a

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

  • Hogan Lovells
  • -
  • 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 4094

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

German Federal Court of Justice decides on the cancellation of the trademark "test"

  • Hogan Lovells
  • -
  • Germany
  • -
  • December 20 2013

The German Federal Court of Justice clarifies that a consumer awareness of 43 is not sufficient to prove that a descriptive trademark, in this case

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

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