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Michelangelo’s David and Botticelli’s Venus an attractive couple
  • KUHNEN & WACKER Intellectual Property Law Firm
  • Germany
  • May 21 2014

In Febuary 2014 the German Federal Patent Court delivered a groundbreaking decision concerning the distinctiveness of a device mark (30 W (pat


Genuine use: the decision of the German Federal Supreme Court (BGH) in the proceedings of Opel Autec
  • Bird & Bird
  • Germany
  • June 21 2010

Adam Opel AG ("Adam Opel"), a motor manufacturer, is the proprietor of a national figurative mark registered in Germany for, inter alia, motor vehicles and toys


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


A further German chapter to the AdWord saga - the German Federal Supreme Court publishes the grounds to the decision in Bananabay II
  • Wragge Lawrence Graham & Co LLP
  • European Union, Germany
  • August 1 2011

Last week, the German Federal Supreme Court published the grounds of its third trade mark decision concerning Google AdWords


Personal names as trade marks in the light of Barbara Becker v Harman International Industries, Inc., OHIM
  • Bird & Bird
  • European Union, Germany
  • June 29 2011

In Germany personal names are protected under 12 BGB (Bürgerliches Gesetzbuch Civil Law Code


L’Oréal v. eBay: the Court of Justice of the European Union tightens liability of online marketplace operators the CJEU
  • Latham & Watkins LLP
  • European Union, France, Germany, United Kingdom
  • August 11 2011

The long awaited decision of the Court of Justice of the European Union in L’Oréal v. eBay was handed down last month


Exhaustion of trademark rights and consent of the trademark owner
  • Hogan Lovells
  • Germany
  • 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


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


Lindt and Haribo spar over gold-bears and teddies
  • Shook Hardy & Bacon LLP
  • Germany
  • November 16 2012

Lindt & Spruengli AG is once again facing trademark litigation over its goldwrapped chocolate candy, this time for its “Teddy,” which Haribo GmbH claims infringes its “Gold-Bears” multi-colored gummy bears product


Opportunities and risks beyond registered trademarks
  • Siebeke Lange Wilbert
  • Germany
  • October 29 2012

While protection can be granted without registration, as well as offering opportunities to brand owners, unregistered protection is not without risk