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  • Cohausz & Florack
  • Germany
  • September 18 2015

The following are enforceable in Germany: German trademarks, Community trademarks (CTMs), German trademarks based on international registrations

Ferrero's strategy pays off in opposition against 'Kinder' mark
  • Squire Patton Boggs
  • European Union, Germany, Italy
  • July 26 2012

In Wohlfahrt v Office for Harmonisation in the Internal Market (OHIM) (Case T-58010, May 16 2012), the General Court has rejected Harald Wohlfahrt’s appeal against a decision of the Fourth Board of Appeal of OHIM in which the latter had upheld an opposition by Ferrero

Trade mark licensee requests bank to disclose identity of counterfeiter following trap purchase from eBay
  • Norton Rose Fulbright LLP
  • European Union, Germany
  • November 5 2013

The German Federal Court (Bundesgerictshof) asked the European Court of Justice (CJEU) if a bank could withhold a customer’s information under banking

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

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

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

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

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

A bespoke approach to distinctiveness
  • Siebeke Lange Wilbert
  • Germany
  • February 28 2011

The German Patent and Trademarks Office continues to retain a restrictive approach when assessing the distinctiveness of an application

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