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 assess the damage. The infringement period and pro rata turnover must be taken into account.
The well-known toy manufacturer Lego has achieved a partial victory 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.
A ham may be labeled as “Black Forest ham” even if it was not cut and packaged in the Black Forest. This was decided by the Federal Court of Justice.
In 2014, the Higher Regional Court of Cologne had already dealt extensively with an author’s claim for damages if the work itself can be used
A company that stores goods for a third-party seller without knowledge of the trademark infringement does not use the trademark itself if, like the seller,
In 2011, soccer player Lionel Messi registered the term “MESSI” for sportswear and sporting goods as a European Union word mark. The trademark owner of
The Federal Court of Justice has rejected the applications to cancel two trademarks registered for chocolate bars in the form of square packaging. This means
In a recent decision, the judges at Frankfurt am Main Regional Court contradict the prevailing legal opinion on freedom of panorama. The case was triggered
