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IP

Russian Sanctions: Intellectual Property Rights Also Affected

  • Annex XL of Regulation (EU) No 833/2014
Article 12g of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine “No Russia Clause”
Trademark Law

Virtual Goods in the Spotlight – The General Court Issues a Landmark Ruling on Whether a Trademark for Virtual Goods Possesses Distinctive Character

  • GC Judgment of December 11, 2024, Case T-1163/23, Glashütter Uhrenbetrieb GmbH – Glashütte/Sa. v EUIPO
Virtual Goods in the Spotlight – The General Court Issues a Landmark Ruling on Whether a Trademark for Virtual Goods Possesses Distinctive Character.
Trademark Law

Higher Regional Court of Düsseldorf Confirms Legal Protection for McCain’s Smiley-Shaped Potato Products

  • OLG Düsseldorf Judgment of December 19, 2024, I-20 U 33/24
Higher Regional Court of Düsseldorf Confirms Legal Protection for McCain’s Smiley-Shaped Potato Products
Trademark Law

Registrability of slogans as trademark

  • R 883/2023-1 of 14 August 2023 “GUTER GESCHMACK GUTES GEWISSEN”
Registrability of slogans as trademark. Slogans can be registered as trademarks if they fulfil specific criterions.
Trademark Law

Similarity in weakly distinctive elements

  • Judgment of the General Court (GC) of 3 July 2024 – T‑530/23 – SANYTOL / SANITEB
„SANYTOL” und „SANITEB” sind aufgrund der Warenidentität und der Bekanntheit von SANYTOL verwechselbar - auch wenn sie nur im kennzeichnungsschwachen Bestandteil „sanyt“/„sanit“ übereinstimmen.
Competition Law

“Climate–neutral” cannot be used in advertising without further explanatory information

  • BGH judgment of 27/06/2024, I ZR 98/23 – “Climate neutral”
Advertising with the term “climate neutral” can be misleading. Consumers must be informed in advertising how climate neutrality is achieved.
Copyright

Hamburg Regional Court Decides: Creation of AI Training Datasets Does Not Infringe Copyright

  • Hamburg Regional Court Judgment of September 27, 2024, 310 O 227/23 – Creation of AI Training Datasets Legally Unobjectionable Under Copyright Law
In a groundbreaking judgment, the Hamburg Regional Court has decided that the creation of AI training datasets is permissible as text and data mining under § 60d of the German Copyright Act (UrhG). This decision is of great importance for the open-source community and the development of artificial intelligence (AI).
Trademark Law

Technical article brand protection in the metaverse

  • Trademark protection in the metaverse: Our contribution in the communications from the German patent attorneys, 10/2024, pages 426-439, October 2024
The essay “Brand Protection in the Metaverse” highlights the legal challenges and opportunities that Web 3.0 offers companies.
Copyright

Contrary opinion of the Higher Regional Court of Düsseldorf and the Regional Court of Cologne regarding the production of photos of photo wallpapers and their publication.

  • OLG Düsseldorf judgement of 08/02/2024, I-20 U 56/23 – “Photo wallpaper” Regional Court of Cologne judgements of 11/04/2024, 14 O 75/23 and 18/04/2024, 14 O 60/23 – “Photo wallpaper”
The Higher Regional Court of Düsseldorf denies copyright infringement by taking and publishing photos of photo wallpapers - the Regional Court of Cologne is not sharing this view in its two most recent decisions.
Trademark Law

According to the General Court, the figurative mark “Compton” is registrable as trademark

  • General Court judgement of 28/02/2024, T 747/22 und T 746/22 – “Compton”
The city of Compton near Los Angeles is not well known to clothing buyers. “Compton” is therefore not a straightforward descriptive reference.
Copyright

TikTok publishes films without authorisation – no release from liability according to the Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG)

  • Munich Regional Court I judgement of 09/02/2024, 42 O 10792/22 – “TikTok”
Delaying tactics in the negotiations with the copyright owner do not comply with the licence obligation under Section 4 UrhDaG (Act on the Copyright Liability of Online Content Sharing Service Providers).
Copyright

Birkenstock fails before the Higher Regional Court of Cologne in copyright dispute regarding “Arizona” and “Gizeh” sandals

  • OLG Cologne judgement of 26/01/2024, 6 U 89/23 – “Birkenstock”
Birkenstocks do not fulfil the requirements of a work of applied art within the meaning of §§ 2 par. 1 No. 4, par. 2 UrhG (Act on Copyright and Related Rights), because they are not artistically designed beyond their form - which is dictated by their function.
Design Law

How posts on Instagram did disclose the design of Puma’s shoes prior to the 12-month “grace period”

  • Judgment of the General Court of 06.03.2024 - T 647/22 – “PUMA”
General Court confirmed the invalidity of Puma’s Community Design since the white shoes with a thick black sole had been made available to the public by Puma prior to the 12-month “grace period’.
Trademark Law

There is a likelihood of association between the figurative mark “Greenlyst” and the word mark “LYST”

  • Federal Patent Court judgement of 18/03/2023, 29 W (pat) 59/20 – “Lyst/Greenlyst”
The sign “Lyst” was copied identically in the trademark “Greenlyst”. This is not automatically sufficient to confirm a likelihood of confusion. In the present case “Lyst” could suceed against “Greenlyst”.
Trademark Law

The Independent characteristic position of the Opposition Mark “COCO” in the challenged trademark “HiCoco”

  • Federal Patent Court, Decision of November 30, 2023, 30 W (pat) 70/21 – “HiCoco”
CHANEL partially prevails – The Federal Patent Court in Germany (BPatG) rules that “HiCoco” cannot be claimed for perfume in Class 3.
Competition Law

No protection against imitation under unfair competition law for “Glück” (happiness)

  • German Federal Court of Justice of 07/12/2023 I ZR 126/22 “Glück”
Wird ein Produktname verwendet, der Emotionen hervorruft, wie „Glück“, dann ist dies ein Konzept, das über das Wettbewerbsrecht grundsätzlich nicht geschützt ist.
Copyright

Berlin Court of Appeal (KG) decides on the copyright permissibility of framing and the limit of Section 50 of the German Copyright Law (press privilege)

  • KG Berlin judgment of 18.09.2023 - 24 U 110/22 - Framing in the context of current events permissible under copyright law (“Lindner photo”)
The framing of photos may be permissible under copyright law in the context of current events if this falls within the scope of Section 50 of the German Copyright Law (reporting on current events).
Trademark Law

Scope of protection of a figurative trademark in the fashion industry

  • Judgment of EGC 20.12.2023, T-564/2 – “Lion’s head”
Marks depicting wild and exotic animals have a low distinctive character in the fashion sector.
Competition Law

Deception of origin – misleading commercial practices

  • LG Munich I Judgment, December 8th, 2023, Ref. 37 O 2041/23 – Climate-neutral beer?
Wunderbräu not a climate-neutral beer brewed in Munich after all – beer bottle may no longer bear the Munich address and "CO2 positive” and “climate-neutral” according to the decision of Munich Regional Court I.
Trademark Law

Trade mark use under Article 9 II EUTMR and the exception under Article 14 I c) EUTMR

  • Opinion of Advocate General at the ECj delivered on 21 September 2023 – C-334/22
How far may spare parts dealers go to indicate that a spare part is intended for vehicles of a trade mark proprietor?
Trademark Law

3D trade marks and absolute grounds for

  • ECJ Judgement of December 6, 2023 – 3D trademark protection for Lego figure
The General Court ruled in December that Lego minifigures are valid EU trade marks (EUTM).
Trademark Law

Invalidity of an EU trademark – Relevant public with regard to a language which is not an official language of the EU

  • General Court of the EU – decision of 26 July 2023, T-315/22
Where a descriptive character of a trademark has to be assessed, the assessment depends on the relevant public. In the case of an EU trademark (EUTM), the language of the relevant public does not have to be an official language of the EU. It is only important that the language is understood and spoken by a relevant part of consumers in the EU.
Trademark Law

Use of a trademark for generic terms

  • Federal Patent Court of 26 June 2023 - 26 W (pat) 24/18
Federal Patent Court affirms the rare case of complex trade mark similarity.
Copyright

Protectability of the USM Haller Modular Furniture System – A Work of Applied Art?

  • BGH I ZR 96/22, Decision of December 21, 2023
Should the Evaluation of Originality in a Work (of Applied Art) be based on the subjective creative process or on the object of creation, i.e., the result of the creation from the perspective of an objective observer?
Trademark Law

Similarity of various beverages

  • EGC 24.5.2023 – T-68/22
The assessment of similarity of goods must consider the specific wording of the list of. A comparison of the respective generic terms is inadmissible.
Trademark Law

Legally valid use of a word mark “Gourmet”

  • EGC 01.03.2023 – T-102/22
If a trade mark is not used in the registered form the trade mark owner sometimes needs more time to enforce his rights.
Competition Law

Misleading advertising with “climate neutral”

  • OLG Düsseldorf of 06.07.2023 – 20 U 152/22 also tastes good for the climate
The term “climate neutral” is being used more and more by companies as consumers are increasingly interested in climate neutrality.
Copyright

SimonGraeser Achieves Significant Victory for Authors’ Rights – Successful Damages Claim on Behalf of a Professional Photographer against Süddeutsche Zeitung for Failure to Credit Authorship

  • Munich District Court, Judgment of 24.08.2023 – 161 C 825/23
The court emphasizes the high standards of care in copyright law and the importance of the right to be credited as an author as an expression of the right to personal integrity in authorship
Trade Secrets

Latest Developments in Legal Jurisprudence for the Protection of Trade Secrets (GeschGehG)

Adequate Protection Measures are Essential – Judicial Increase in the Burden of Proof for Owners of Trade Secrets.
Trademark Law

Artistic freedom outweighs rights of luxury handbag manufacturer Hermés

  • Regional Court of Frankfurt am Main, Decision of September 19, 2023 – 2-06 O 532/23; 2-06 O 533/23
Fashion label allowed to incorporate characteristic features of a luxury handbag.
Crypto Law

“MetaBirkin” NFTs Infringe Hermès’ “Birkin” Trademark Rights

  • United States District Court Southern District of New York, Judgment of February 8, 2023 – Case 1:22-cv-00384-JSR
Hermès Wins Lawsuit: The jury found the defendant guilty of trademark infringement, exploitation of Hermès' reputation, and cybersquatting.
Trademark Law

Registered trade mark FlipFlop cancelled

  • OLG Zweibrücken of 02.03.2022 – 4U63/21 FlipFlop
The term “FlipFlop” has been used as a general term for toe separator sandals. The court therefore ruled that the trade mark “FlipFlop” has lost its distinctive character. The registered trade mark has been cancelled.
Trade Secrets

Four-Year Review of the Trade Secrets Act (GeschGehG)

The Trade Secrets Act Strengthens the Rights of Secret Holders

Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

Uhlandstr. 2
80336 Munich
Germany

Karin Simon
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Susanne Graeser
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Uhlandstr. 2
D-80336 München