News
975 articles
10 March 2025
News on pharmaceutical advertising: Key findings from the Court of Justice of the European Union (EuGH) ruling (C-517/23) – in the matter of DocMorris RX bonuses
The Court of Justice of the European Union (EuGH) decided on 27.02.2025 in case C-517/23 that certain advertising campaigns for prescription medicines may fall within the definition of "advertising for medicinal products" within the meaning of Directive 2001/83/EG.
Read more10 March 2025
Drug or cosmetic product? On the judgment of the Administrative Court of Cologne (Verwaltungsgericht Köln) of 13.08.2024 (Az. 7 K 2494/22)
The Administrative Court of Cologne (Verwaltungsgericht Köln) dealt in the past year with a judgment of 13.08.2024 (Az. 7 K 2492/22) with the distinction between (presentation) drugs and cosmetics and clarified important delimitation issues.
Read more09 March 2025
The recruitment (or re-recruitment) of employees is only a breach of competition law under narrow circumstances
The Regional Court (LG) Koblenz has decided that the recruitment of employees is generally permissible. Even the re-recruitment of employees who have already switched employers is not automatically unlawful.
Read more27 February 2025
WTR 1000 Edition 2025: AVANTCORE Partner Christopher A. Wolf, MBA Honoured Once Again
We are delighted by the distinction of our partner Christopher A. Wolf, MBA as a "Recommended Individual" in trademark law with the organisation WTR 1000 for the year 2025.
Read more25 February 2025
Modification of concession contracts without conducting a new procurement procedure? – On the judgment of the Court of Justice of the European Union (EuGH) of 7.11.2024 – Case C-683/22 – 'Morandi Bridge'
A concession award designates the transfer of usage rights or the permission to carry out certain economic activities by a public authority to an enterprise or organisation.
Read more19 February 2025
General Court of the European Union (EuG): No likelihood of confusion between "Cardioflow" and "Cardioform" for medical devices
The General Court of the European Union (EuG) decided on 6 November 2024, Az. T-1146/23, that there is no likelihood of confusion between the word marks "Cardioflow" and "Cardioform".
Read more12 February 2025
Caution regarding voluntary statements on medicinal product packaging, package leaflets and summary of product characteristics
The Federal Administrative Court (BVerwG) ruled on 10 October 2024 (Az. 3 C 29.22) on the permissibility of certain voluntary statements on medicinal product packaging, package leaflets and summaries of product characteristics.
Read more06 February 2025
Hanseatic Higher Regional Court (OLG) sets the standard for pharmaceutical advertising
The marketing of pharmaceuticals is subject to strict legal requirements. Given the special function of medicines to cure, alleviate or prevent diseases, misconceptions among patients as well as physicians and other members of the healthcare professions must be avoided.
Read more29 January 2025
Is the end of 'green advertising' looming?
Sustainability and environmental protection significantly influence consumer behaviour. Companies respond by advertising with 'climate neutrality' or 'environmental neutrality' and substantiate this with self-created seals to convey a sustainable image. Will this still be possible in the future? The EmpCo Directive is coming …
Read more05 April 2023
MIU MIU – Luxury Handbag or Fast Food?
The brand MIU MIU is known worldwide for luxury leather goods. But is this renown sufficient to successfully oppose the registration of an almost identical mark for fast food? The Federal Patent Court (BPatG) had to decide this question.
Read more13 March 2023
1-star rating inadmissible?
A 1-star rating without text can also be inadmissible if contact did exist, but this had no apparent basis for the rating. This is how the Higher Regional Court (OLG) Cologne decided in a legal dispute between two competitors.
Read more27 December 2022
Once there was more tinsel – Now available as a shirt too
The decorated Christmas tree is a centuries-old Christmas tradition. Not only in the good parlour of the Hoppenstedt family is the tree decorated lovingly anew each year. Colourful baubles, candles and… tinsel?
Read more08 December 2022
Beyond Google Fonts
For some time now, operators of websites have been facing claims of legal violations due to the use of Google Fonts. Some law firms and cease-and-desist letter senders are sending out cease-and-desist letters on a massive scale. In particular, lawyer Kilian Lennard from Berlin and the RAAG law firm based in Meerbusch, belonging to Greek lawyer Dikigoros Nikolaos Kairis, have become well-known to many affected parties.
Read more07 December 2022
Procedural equality of arms binding on Regional Courts
The Federal Constitutional Court has reined in the Press Chamber of the Regional Court (LG) Berlin in a landmark judgment due to repeated disregard for procedural equality of arms.
Read more06 December 2022
Is eye-catching discount advertising with hidden exclusions prohibited?
Eye-catching advertising with discount campaigns is a popular means of drawing the consumer's attention to specific products. Not infrequently, disillusionment comes with the asterisk reference. However, such a reference does not always suffice to exclude misleading advertising through discount promotion. This has been clarified by the Higher Regional Court (OLG) Nürnberg.
Read more25 November 2022
Sharing photos on Twitter is not a general authorization
Photos can be disseminated quickly and easily, in particular through social networks. However, they are protected by copyright. By sharing a photo on Twitter, a photographer does not automatically waive his claims. This has been confirmed by the Regional Court (LG) Munich.
Read more24 November 2022
Investigations in the event of trademark infringement?
The party infringing trademark rights is regularly also obliged to provide information. But when is the obligation to provide information fully satisfied? According to the view of the Higher Regional Court (OLG) Frankfurt a. Main, a so-called negative declaration is in any event not sufficient. Rather, further investigations are required.
Read more22 November 2022
Is advertising with climate neutrality permissible?
Advertising that 'all products are produced climate-neutrally' is not misleading if the advertising is directed at professional circles. The Regional Court (LG) Kleve thus decided and extends the case law on the extremely relevant topic of advertising with climate neutrality.
Read more