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IP Cases & Articles
New rules for proof of use in Germany what brand owners need to know
In a decision issued on 14 January 2021 (Case No I ZR 40/20), the Supreme Court addressed the following two questions relating to proof of use: 1) What is the relevant five-year period to show genuine use? 2) Who has the burden of proof? The short answer to the first… -
IP Cases & Articles
A reminder of the ugg-ly effects of cross-border shipping under German trademark law
A lawsuit between the owners of the US Ugg brand and an Australian leather shoemaker, which apparently sold and shipped 13 pairs of handmade Australian ugg boots to the United States, has gained extensive media coverage of late. While media reporting has primarily focused on the question of whether US… -
IP Cases & Articles
WATER FRSH and CDY MLN can disemvoweling help to overcome descriptiveness or non-distinctiveness objections?
A recent German Federal Patent Court decision concerning the word marks WATER FRSH and CDY MLN has considered the new trend of ‘disemvoweling’ – whereby brand owners omit vowels from registered words – and whether this can help to overcome objections of descriptiveness or non-distinctiveness. -
IP Cases & Articles
Business savvy or abuse of rights knowing whether well-known trademarks are up for the taking
The Regional Court of Munich has considered whether a German trademark registration that is identical to a well-known mark covering identical or similar goods outside Germany constitutes a bad-faith filing. Although the court did not find that the disputed marks were filed in bad faith in this instance, it confirmed… -
IP Cases & Articles
RETROLYMPICS: a trademark under fire
With the Tokyo Olympics just around the corner, now is a good moment to focus on a decision currently before the German Federal Patent Court in relation to the following trademark: -
IP Cases & Articles
Gold for the win Supreme Court upholds protection for Lindt bunny
On 29 July 2021 the Supreme Court handed down its decision (ZR 139/20), which confirmed that the gold colour of the Lindt gold bunny can enjoy non-registered trademark protection in Germany. -
IP Cases & Articles
Appeals court rejects Steiffs claims of infringement on bear mark
The use of symbols and motifs on garments has, in the recent past, been discussed before the courts. A prominent recent example for the European Union may be the COFEMEL case on copyright protection (12 September 2019, Case C-683/17). In German case law, the qualification of the model designation SAM… -
IP Cases & Articles
Oktoberfest how a local festival became a world-famous brand
It is the end of September and normally the city of Munich would be crowded with tourists from all over the world to celebrate the Oktoberfest, Wiesn or, as the citizens of Munich also call it, the “fifth season”. Unfortunately, this event – which first took place in 1810 –… -
IP Cases & Articles
GENGHIS KHAN decision highlights importance of industry peculiarities to unregistered company rights
A famous German music producer and founder of the band Genghis Khan, has brought an infringement action against the band’s former lead singer in a counter attack at the Munich courts, based on unregistered rights to the band name, as well as other grounds. This came after the defendant attempted… -
IP Cases & Articles
G2/21: questions on the correct plausibility standard referred to the Enlarged Board of Appeal
We recently reported on the provisional referral of three questions to the Enlarged Board of Appeal by the Board of Appeal presiding over case T 116/18, an appeal from the decision of the Opposition Division rejecting Syngenta’s opposition against Sumitomo’s European Patent 2484209. The European Patent Office (EPO) has now…
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