We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results: 1-10 of 573

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 modified marks new references from Germany and the UK to the Court of Justice
  • Hogan Lovells
  • European Union, Germany, United Kingdom
  • 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

Retail sector e-briefing: Germany: refinement of legislation regarding keyword advertising: no trademark infringement if advertisement is strictly separated from search results
  • Eversheds
  • Germany
  • January 22 2013

The Federal Court of Justice has refined the legislation regarding keyword advertising and trademark infringement by keyword advertising. Even if a

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

Rote Farbmarke der Sparkassen bleibt eingetragen
  • DLA Piper LLP
  • Germany
  • July 21 2016

Nach der heute verkündeten Entscheidung des Bundesgerichtshofs (Az. I ZB 5215) bleibt der Farbton HKS 13 (rot) als Marke für die Sparkassen

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

Higher Administrative Court of North Rhine-Westphalia rules on liability of German parallel importer for violation of (local) distribution law by a pharmaceutical wholesaler in another EU Member State
  • Eversheds
  • European Union, Germany
  • May 6 2016

Parallel imports of medicines are, in principle, permitted within the EU. In particular, the price differences in different countries for medicines

  • SKW Schwarz Rechtsanwälte
  • Germany
  • February 13 2015

By law, a company can market a pharmaceutical product only once it has received marketing authorisation. Marketing authorisation can be obtained

EU Germany, Higher Regional Court Dresden: the domain “flüge.de” does not infringe the domain “fluege.de”
  • Hogan Lovells
  • Germany
  • February 4 2015

The Higher Regional Court Dresden has taken a decision involving a dispute between two domain owners. The appellant operates the website

BrandWrites - May 2015
  • Bird & Bird
  • Australia, Belgium, China, European Union, Finland, Germany, Luxembourg, Netherlands, Poland, Singapore, United Kingdom
  • May 7 2015

The Court of Appeal of England and Wales has found that the sale by the well-known retailer Topshop of a t-shirt bearing an image of the famous pop