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Germany – German Federal Court of Justice: Good news for brand owners: the...
Background facts Last week the German Federal Court of Justice affirmed a decision of the Higher Regional Court of Hamburg ordering the owner of a trademark, which was to some extent parodying a...
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CJEU rules on boundaries of bank secret
An unlimited and unconditional bank secret is at odds with Article 8 (3) (e) of the Directive 2004/48 enforcing the dedicated right of information. This is the core result of last week’s decision of...
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Competition law: Supplementary protection following the expiration of a patent
Schnabl wins with Hogan Lovells landmark case before German Federal Court of Justice The question of whether and how to secure supplementary protection for products that once enjoyed patent protection...
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Germany: Joint antennas prick up as German Federal Court rules on...
In a most recent decision, the German Federal Court of Justice negates the infringement of the right of cable retransmission in cases of joint antenna systems for one building. There is no...
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German Federal Court of Justice: The bank secret is not absolute!
The concept of banking secrecy does not work absolutely. The right to refuse information on a (known) account holder has to be balanced against rights a trademark owner has to adequately protect his...
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Germany/Hamburg – Unfair Competition seminar: The state-of-play in Germany...
Client seminar with guest speaker of the German Centre for Protection Against Unfair Competition (Wettbewerbszentrale – Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) On 17 November 2015 a...
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Germany: WUNDER-BAUM Air Freshener is a famous trademark
Julius Sämann Ltd. wins with Hogan Lovells before German Supreme Court (Case Ref.: I ZR 75/15) Almost everyone knows the “WUNDER-BAUM” Tree hanging from the rear view mirror of so many cars. Behind...
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German Federal Court: Permission granted – HIV/AIDS drug distribution continued
The X. Civil Senate of the German Federal Court of Justice has granted a motion by three companies of the Merck Sharp & Dohme group (Merck) for a preliminary permission for the continued...
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German Federal Court rules on Google’s Image Search – Thumbnails III
On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and...
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#unfaircompetition – limitations to influencer marketing under German law
More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided...
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Germany: No indirect liability for open Wifi
At the end of July, the German Federal Court handed down its judgment in a copyright case having huge impact for operators of open Wifi services. For the first time, the judges had to deal with Sec. 7...
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German Federal Court of Justice submits copyright dispute over YouTube to CJEU
This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German...
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