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 46

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


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


Protection of shape marks further weakened
  • Hogan Lovells
  • Germany
  • July 20 2012

The Court of Appeal of Cologne reversed the decision of the District Court of Cologne which had granted an injunction against the chocolate producer Milka for infringing Ritter Sport's three-dimensional trademark


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


Transit of counterfeit Estée Lauder products stopped under German tort law
  • Hogan Lovells
  • Germany
  • January 20 2011

The Court of Appeal of Berlin held that the transit of counterfeit products through Germany under customs surveillance, threatening to infringe trademark rights in the country of destination, constitutes a tortious act in Germany


Germany German Federal Court of Justice: good news for brand owners: the parody exception does not justify the registration of a trademark
  • Hogan Lovells
  • Germany
  • April 28 2015

Last week the German Federal Court of Justice affirmed a decision of the Higher Regional Court of Hamburg ordering the owner of a trademark, which was


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


German Federal Court of Justice decides on the cancellation of the trademark "test"
  • Hogan Lovells
  • Germany
  • December 20 2013

The German Federal Court of Justice clarifies that a consumer awareness of 43 is not sufficient to prove that a descriptive trademark, in this case


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


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