Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.
The Higher Regional Court of Frankfurt a.M. had to decide in an exciting trademark law case whether a customer warning was unlawful.
The ECJ has ruled on Amazon’s liability for third-party advertising using the example of shoes with red soles.
Ice cream may not be labeled with the name element „champagne“ if it does not really taste like champagne.
This was decided by the OLG Munich.
Anyone who applies for an identical trademark for an identical class of goods and services is acting in bad faith if they want to circumvent the proof of use after the five-year grace period has expired.
The BGH recently ruled on the use of trademarks to preserve rights and abandoned large parts of its previous case law on this topic.
If the owner of a property right waives its monetary exploitation, he does not suffer any damage from the unlawful use of the same.
This was decided by the OLG Düsseldorf.
In the event of a trademark infringement, a fictitious sales license can be used to calculate the damages.
The infringement period and pro rata turnover must be taken into account.
The well-known toy manufacturer Lego has achieved a partial success before the European Court of Justice.
It recently ruled that the design of a building block can be protectable.
The ECJ recently ruled on the question of whether the registration of a trademark for a very distant class of goods and services automatically leads to a dilution of very well-known trademarks.
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