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German Federal Supreme Court: Requirements for the cancellation of a trademark due to absolute grounds Absence of distinctiveness at time of application (decision of November 6, 2013 Case I ZB 5912 Smartbook)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

Smartbook AG is the owner of the German trademark No 305 05 515 "smartbook" (word mark), filed on February 01, 2005, and registered on


Cologne Appeal Court: Use of a chocolate product comprising the shape of a bear wrapped in a golden foil does not infringe word mark “GOLDBÄREN” (decision of April 11, 2014 Case 6 U 23012 GoldbärenGolden bears)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

The claimant Haribo, the German producer of the famous fruit gums "Goldbären", challenged the distribution of Chocoladenfabriken Lindt & Sprü


German Federal Supreme Court: Standards of distinctiveness and descriptiveness under German trademark law (decision of February 19, 2014 I ZB 313 HOT)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

On February 19, 2014, the German Federal Supreme Court confirmed a decision of the German Federal Patent Court of October 9, 2012, which had


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


German Federal Supreme Court: use of yellow colour for language learning software by Rosetta Stone infringes yellow colour mark of Langenscheidt (decision of September 18, 2014 case I ZR 22812 Gelbe WörterbücherYellow Dictionaries)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • December 16 2014

Since 1956 the German publisher Langenscheidt distributes its printed dictionaries in a specific yellow color, since the 1980s it also markets other


Germany introduces design invalidity proceedings before the German patent and trademark office
  • Squire Patton Boggs
  • Germany
  • January 8 2014

On 1 January 2014, a new Design Act came into force in Germany - Gesetz über den rechtlichen Schutz von Design (Designgesetz - DesignG). In a


Polar bear trade mark given to Berlin zoo
  • Marks & Clerk
  • European Union, Germany
  • September 17 2013

The Court of Justice of the European Union (CJEU) has ruled in favour of Berlin Zoo, home to Knut the polar bear from 2006 to 2011, in a scuffle with


German Federal Supreme Court decides another matter regarding keyword advertising
  • Reed Smith LLP
  • Germany
  • March 25 2013

On December 14, 2012 the German Federal Supreme Court had to decide once more in a case regarding the admissibility of keyword advertising. The Court


Germany
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • April 23 2013

Germany is a signatory to all relevant international IP protection agreements, including:


Requirements for non infringing keyword advertising with third party trademarks
  • Hogan Lovells
  • Germany
  • January 31 2013

The Federal Court of Justice confirmed its case-law on the admissibility of keyword advertising with third party trademarks. The function of the