News
975 articles
02 December 2020
Lack of distinctive character for 'Lichtmiete'
The principal function of a trade mark is to guarantee the origin of the goods/services indicated. Does the designation 'Lichtmiete' possess sufficient distinctive character for lighting systems? No, ruled the Federal Patent Court.
Read more01 December 2020
Pre-ticked box constitutes a violation of the GDPR
The Court of Justice of the European Union (EuGH) had to clarify whether consent expressed through a standard pre-ticked box is permissible or constitutes a GDPR violation.
Read more30 November 2020
Unlawful customer poaching by health insurance companies
Does it constitute unlawful customer poaching by a health insurance company if it attempts to persuade a patient to switch to dentists affiliated with the insurer in a network by offering a discount? Yes, according to the Higher Regional Court (OLG) Dresden.
Read more13 November 2020
Erroneous disclosure leads to unfair competition violation!
Does an erroneous disclosure on a sales portal constitute a violation of unfair competition law if the platform's algorithm lists the offer (incorrectly) as a "TOP OFFER"? Yes, according to the Higher Regional Court of Cologne (OLG Köln).
Read more12 November 2020
Duty to mark Instagram advertising
Influencers must regularly mark their Instagram advertising in the form of hashtags, advertising texts or Tap Tags as "advertising". However, what is the situation when there are no commercial interests behind Instagram advertising? The Regional Court (LG) Karlsruhe clarifies.
Read more11 November 2020
Source reference for test results in product photos
A source reference is mandatory when advertising with test results. However, does this obligation also apply to advertisers when depicting product packaging on which a test result is displayed? The Higher Regional Court (OLG) Cologne says yes.
Read more10 November 2020
Scope of advertising consent in a sweepstakes
The Regional Court (LG) Frankfurt (Oder) dealt with the question of how explicit advertising consent is to be obtained. This also concerned what requirements apply to the discernibility of the circumstances of such consent.
Read more09 November 2020
Confusion Risk under Trade Mark Law 'YO' vs. 'YOOFOOD'
How is confusion risk under trade mark law determined in the case of composite word marks? It depends on the distinctive and dominant word elements, as decided by the Federal Court of Justice (BGH) in the case 'YO' vs. 'YOOFOOD'.
Read more06 October 2020
Right to information under GDPR is far-reaching!
Which data must be provided in copy form in the course of the right to information under GDPR is currently disputed. The Regional Court (LG) Munich I has now positioned itself on the question of whether telephone notes also fall within the scope of the data protection right to information.
Read more05 October 2020
"German Company": Competition Law Violation in Foreign Manufacturing
The Higher Regional Court (OLG) Frankfurt decided in urgent proceedings that the advertising "German Company – we guarantee the quality of the modules we manufacture" constitutes a competition law violation if the essential manufacturing steps take place abroad.
Read more04 October 2020
Posts must be marked as influencer advertising!
Influencer advertising on social platforms such as Instagram can generate substantial income. The central question in dispute remains whether and when 'advertising' on Instagram must be marked as such. The Regional Court (LG) Cologne now provides an answer to the question of whether consideration is always required for 'advertising'.
Read more07 August 2020
Advertising with detox for food products inadmissible!
Advertising with detox may constitute an inadmissible health claim within the meaning of the Health Claims Regulation. The BGH has already ruled on this. The Landgericht Koblenz (Regional Court of Koblenz) has now also given a "detox" juice short shrift.
Read more18 July 2020
"Culatello di Parma" vs. Protected Designation of Origin "Prosciutto di Parma"
Does the average German consumer automatically think of the protected designation of origin "Prosciutto di Parma" when a raw ham is labelled "Culatello di Parma"? Yes, says the Federal Court of Justice (BGH).
Read more17 July 2020
Google Ads (AdWords): No liability for lack of knowledge!
Is one liable for Google Ads (formerly Google Adwords) advertisements if one is unaware of the legal infringement? The Higher Regional Court of Frankfurt a. M. (OLG Frankfurt a. M.) had to decide whether the automatic generation of a keyword protected as a trade mark by Google in Google Ads could result in ancillary liability of the affected Ads customer.
Read more16 July 2020
The three stripes belong only to Adidas
How far does the trademark protection of the three-stripe mark created by the well-known sporting goods manufacturer Adidas extend? The Regional Court (LG) Düsseldorf takes the view that it extends very far.
Read more15 July 2020
Coronavirus advertising with protection through "vital mushrooms" misleading!
Are "vital mushrooms" a medicinal product and do they help with coronavirus disease? The Regional Court (LG) Gießen has taken a position on misleading coronavirus advertising by an online retailer.
Read more09 June 2020
Doctor review: physician must prove absence of patient contact!
A negative doctor review by persons who in reality never had contact with the reviewed doctor can have a damaging effect on business. However, the blanket denial of a treatment contact by the doctor is not always sufficient for a claim for cessation, as the Brandenburg Higher Regional Court (OLG) established.
Read more08 June 2020
Impermissible exclusive claim "only product X is hygienic..."
A popular marketing tool is advertising with a leading or exclusive claim. But where are the legal limits of what is permissible? The Regional Court (LG) Köln had to assess whether the statement "only product X is hygienic..." constitutes a permissible exclusive claim.
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