News

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)

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).
Trademark Law

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

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”

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)

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)

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

Marks depicting wild and exotic animals have a low distinctive character in the fashion sector.
Competition Law

Deception of origin – misleading commercial practices

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

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

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

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 affirms the rare case of complex trade mark similarity.
Copyright

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

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

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”

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”

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

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

Fashion label allowed to incorporate characteristic features of a luxury handbag.
Crypto Law

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

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

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

Phone +49 89 90 42 27 51-0
Fax +49 89 90 42 27 51-9

Karin Simon
Rechtsanwältin

Fachanwältin für
gewerblichen Rechtsschutz

Susanne Graeser
Rechtsanwältin

Fachanwältin für
gewerblichen Rechtsschutz

Uhlandstr. 2
D-80336 München

Tel. +49 89 90 42 27 51-0
Fax +49 89 90 42 27 51-9