Warning due to inadmissible advertising
Anyone who advertises on his website with inadmissible content and information can be warned with costs and claimed for immediate cease and desist. Every entrepreneur must therefore comply with the provisions of the Unfair Competition Act (UWG) in commercial dealings. What does such a warning contain? As a rule, the person warned is requested to […]
Obligation to label affiliate links
Affiliate marketing has become an established business model and is very popular on the internet. In addition to the product presentation on various online platforms, the advertisers receive a share (commission) if the advertised product is purchased via their personalised affiliate link. This link thus points to external products and thus promotes third-party sales through […]
Trademark dispute over the name “Spezi
The aforementioned cola mix is almost as popular in Bavaria as beer and is referred to in many places as the “national drink” of the Bavarians. However, not every cola-mix drink is allowed to call itself “Spezi” easily. Thus, two breweries, namely Riegele Brewery and Paulaner Brewery, were involved in the proceedings before the Munich […]
When does it make sense to apply for an international trademark?
A trademark application can be filed nationally, union-wide or even as an international trademark. The costs and the scope of protection of the respective trademark then vary accordingly. But when does it make sense to apply for an international trademark? In order to apply for an international trademark, you first need a so-called “basic trademark”. […]
Model designations as trademark infringements?
Product and model designations have become indispensable, especially in the automotive and fashion industries. Recently, however, there have been an increasing number of legal disputes between trademark owners of older signs with product designations of third parties. Decisions had to be made as to whether product or model designations were to be classified as trademark […]
Trademark Law in the Metaverse
Trademark Law in the Metaverse – 1.1 Million US Dollars for the “MetaBirkin“ The first well-known fashion brands have extended their trademark protection to digital goods or are already selling digital goods in the metaverse. Trademark law has thus arrived in the virtual world. But what legal issues need to be considered now? In recent […]
Appeal proceedings before the German Patent and Trademark Office
Your trademark application was rejected by the German Patent and Trademark Office (DPMA) by a decision? Then there are two legal remedies to proceed against the rejection decision and to help your trademark to be registered after all, namely the reminder procedure and the appeal procedure. 1. Reminder If the decision of the DPMA was […]
The uniformity of the EU trademark
With the application for an EU trademark, trademark owners obtain a uniform right of protection throughout the EU. The principle of uniformity applies both with regard to the register situation and, albeit to a somewhat more limited extent, in infringement proceedings. This is because the use of an EU trademark can only be prohibited uniformly […]
What are business sings?
Trade Mark law covers not only trade marks, but also business signs and geographical indications. Business identifiers are signs used in the course of trade as a name, a company name or a special designation of a business or an enterprise. Classic examples of company signs are “Bäckerei Müller” or “Hotel Bergblick”. But also symbols, […]
Which intellectual property rights exist & How can I protect my app from imitators ?
Trademark law Trademark law offers the developer the possibility to protect not only the name of his app, but also the logo. The trademark owner is entitled to prohibit others from using his trademark. Trademark protection is possible throughout Germany, Europe and even worldwide. Whether a name and a logo can be registered as a […]