Trade mark law
EGC, judgment of 14.05.2019, Ref.: T-795/17
The General Court of the European Union confirms that the registered trademark “NEYMAR” is invalid.
The judgment in full text.
Dennis Tölle
14. May 2019
Blog posts
Category: Trade mark law
No trademark infringement for products obviously offered by third parties
According to a decision by the Higher Regional Court of Frankfurt am Main, it does not constitute a trademark infringement if several products not originating
Dennis Tölle
7. May 2019
Permissibility of packaging changes for parallel imports of medical devices
Following a parallel import of medical devices, the trademark owner cannot generally oppose distribution in Germany because the importer has affixed a small sticker with
Dennis Tölle
30. April 2019
“The Omen” enjoys work title protection
The title “Das Omen (Teil 1)” by the band “Mysterious Art” is protected as a work title under trademark law. This protection arose with the
Dennis Tölle
16. April 2019
Trade mark law
OLG Frankfurt am Main, judgment of April 11, 2019, Ref.: 6 U 121/18
For an act in the course of trade as a prerequisite for a trademark infringement, the recognizable outward objective of the trader is decisive.
If an internet presence undoubtedly gives the impression of a commercial offer to the targeted public, the trader cannot successfully claim that the offered product actually originates from his private stock.
Dennis Tölle
11. April 2019
“FragDenStaat” may not publish state glyphosate report for the time being
The Cologne Regional Court has issued a temporary injunction prohibiting the operators of the “FragDenStaat” platform from publishing the expert opinion of the Federal Institute
Dennis Tölle
9. April 2019
Trade mark law
OLG Frankfurt a. M., judgment of 07.03.2019 – 6 U 37/18
Admissibility under trademark law of packaging changes for parallel imports of medical devices
Dennis Tölle
7. March 2019
Trade mark law
OLG Frankfurt am Main, judgment of 21.02.2019, Ref.: 6 U 16/18
No trademark infringement for products obviously offered by third parties.
Dennis Tölle
21. February 2019
Trade mark law
BGH, decision of February 14, 2019, Ref.: I ZB 34/17
Likelihood of confusion between the marks “KNEIPP” and “Internationale Kneipp-Aktionstage”.
Dennis Tölle
14. February 2019
Trade mark law
KG Berlin, judgment of 08.01.2019, Ref.: 5 U 83/18
The boundary between (non-labeling) brand naming and (labeling) brand naming is crossed in any case if the consumer can purchase the product directly via a link.
Dennis Tölle
8. January 2019