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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


Long slogans lack distinctiveness in general
  • Hogan Lovells
  • Germany
  • October 14 2010

The Federal Court of Justice decided on the distinctiveness of long slogans and held that, in general, the relevant public did not perceive long slogans as an indication of origin


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


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


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


Germany: WUNDER-BAUM Air Freshener is a famous trademark
  • Hogan Lovells
  • Germany
  • December 22 2016

Almost everyone knows the "WUNDER-BAUM" Tree hanging from the rear view mirror of so many cars. Behind this little air freshener stands a


Germany: two bears meet in court Federal Supreme Court (BGH) substantiates the relation between word marks and 3D marks
  • Hogan Lovells
  • Germany
  • September 25 2015

The German Federal Supreme Court (BGH) on 23rd September 2015 decided on a dispute between the Swiss chocolatier Lindt and the German sweets


3D-Printing How are trademarks affected?
  • Hogan Lovells
  • Germany
  • August 26 2016

From a legal perspective, the new technology of 3D-printing particularly affects industrial property rights. Printed products may infringe patents


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


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