News
975 articles
20 November 2022
Model designation as a trade mark infringement?
If a model designation is used in the context of a product offering on the internet in such a way that the relevant public recognizes it as a second mark, a trade mark infringement can be assumed. This was decided by the Higher Regional Court (OLG) Frankfurt am Main.
Read more19 November 2022
Does neologism give rise to distinctive character?
The European Union Intellectual Property Office (EUIPO) had to deal with the sign "Endlagerforschungszentrum" registered as a trade mark. However, the trade mark registration was refused, although it is a neologism. Rightly so?
Read more18 November 2022
Amazon Merchants Liable for Third-Party Photographs
Amazon merchants can only create new products if they are not already listed on the platform. If a product is already listed, the product offering is created via inventory management. However, the unchecked adoption of the existing offering can lead to liability for potential copyright infringements. Amazon merchants are liable for third-party photographs, as the Regional Court (LG) Cologne confirmed.
Read more17 November 2022
Advertising with test result 'Excellent' misleading?
Advertising with a test result repeatedly presents entrepreneurs with challenges. The Higher Regional Court (OLG) Frankfurt am Main considers the addition 'Excellent' within the test seal of Stiftung Warentest to be misleading.
Read more19 April 2022
Copyright protection for sandals?
Can sandals enjoy copyright protection? Indeed, sandals can be protected as works of applied art, the Regional Court (LG) Cologne decided in a legal dispute between two shoe manufacturers.
Read more22 March 2022
Amazon not liable for affiliate
Amazon is not liable for a breach of competition law on the website of an affiliate partner. The Higher Regional Court (OLG) Cologne has now confirmed this.
Read more21 March 2022
Genuine use of a trade mark during the COVID-19 pandemic
Non-use of a trade mark during the COVID-19 pandemic may constitute grounds for cancellation of the trade mark due to non-use. This was decided by the Regional Court Munich I (LG München I). What requirements must be met for genuine use of the trade mark?
Read more13 March 2022
New Price Indication Ordinance – PAngV 2022
As of 28.05.2022, the new Price Indication Ordinance (PAngV) comes into force. The new version contains important provisions on unit price indication and price reductions, which must be observed in particular in online commerce.
Read more12 March 2022
Property Value Calculator – Valuation in Two Minutes?
Determine the value of a property in just two minutes using a property value calculator? Sounds tempting, but is misleading. That is how the Regional Court (LG) Berlin saw it and has prohibited corresponding advertising statements by a real estate brokerage firm.
Read more11 March 2022
Must IDO Verband Refund Warning Letter Costs?
IDO Verband was previously known for competition law warning letters in online commerce. After the allegation of abuse of law had been judicially confirmed on multiple occasions, the Regional Court (LG) Cologne ordered the association to refund warning letter costs.
Read more10 March 2022
Immediate unlocking of Amazon seller account
Once again, a German court has confirmed that blocking an Amazon seller account without traceable justification is unlawful. The Regional Court (LG) Frankfurt a. M. has prohibited corresponding deactivations of seller accounts in two urgent proceedings.
Read more21 February 2022
Germany's best-selling mattress test winner
Is advertising with a mattress test winner permissible or an impermissible sole or top position advertisement? How may test results be advertised in Google Ads? The Higher Regional Court (OLG) Frankfurt am Main reviewed the advertising for the Emma-One mattress series.
Read more15 December 2021
Can Amazon suspend seller accounts?
Amazon merchants are often surprised by the deactivation of their accounts. Particularly during the pre-Christmas season, this often results in a significant loss of turnover for many. But is Amazon simply allowed to suspend seller accounts?
Read more10 November 2021
Is "Manufaktur" permissible in a company name?
If a company operates under the name Manufaktur, this is misleading if the company does not meet the requirements of a Manufaktur operation. This was the finding of the Higher Regional Court (OLG) Frankfurt am Main.
Read more09 November 2021
Advertising with telehealth services and fictional specialist title
A physician who advertises with 'expert consultations by telephone and video' and thus with telehealth services, as well as non-existent specialist titles, behaves in a manner contrary to competition law. This was the finding of the Regional Court (LG) Koblenz – correctly?
Read more30 September 2021
Blog as a means of coercion violates right of personality
When a blog that damages honour is 'dedicated' to a person and this blog is used as a means of coercion, this constitutes a violation of the right of personality, ruled the Federal Court of Justice (BGH).
Read more15 July 2021
Telephone number in the cancellation information is mandatory!
Must traders provide a telephone number in the cancellation information? This question has now been clarified by the Federal Court of Justice (BGH) with the assistance of the Court of Justice of the European Union (EuGH).
Read more14 July 2021
Wettbewerbszentrale: Advertising with "climate-neutral"
Climate protection is becoming increasingly important to more and more consumers, and when purchasing products they are paying ever closer attention to their sustainability. It is therefore hardly surprising that companies nowadays wish to promote their commitment to climate protection and to label their products as "climate-neutral". The Wettbewerbszentrale (Central Competition Authority) views this critically and has to date issued warnings against misleading and […]
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