News
975 articles
26 March 2019
Advertising with "Olympic-suspicious" and "Olympic-ripe"
Olympics is not only one of the largest sporting events, but also a legally protected term under the Olympic Protection Act. The Federal Court of Justice (BGH) has now clarified whether and, if so, how one may nevertheless advertise with the terms "Olympic-suspicious" or "Olympic-ripe".
Read more05 March 2019
Size of a plush toy as a diagonal measurement
Advertising must not contain false statements. Otherwise, it is misleading. Is advertising for a plush toy to be classified as misleading if the size of the plush toy is stated, but the stated length refers to the diagonal marked in the product photograph rather than a measurement from the top of the head to the sole? The Higher Regional Court (OLG) Cologne denies this.
Read more18 February 2019
Brand name in domain designation impermissible!
Is there an impermissible use of a trademark if a reseller, who sells branded products alongside similar products from third-party manufacturers, uses the trademark of the branded products in the domain designation of its web presence? The Federal Court of Justice (BGH) says yes.
Read more06 February 2019
Misleading German Glen whisky?
The "Glen Buchenbach" whisky produced in a Swabian distillery came to the attention of the Scotch Whisky Association (SWA) and at times also involved the Court of Justice of the European Union (EuGH). The latter strengthened the position of the producer of German glen whisky by holding that a mere association with the protected designation "Scotch Whisky" would not be sufficient for an infringement.
Read more28 January 2019
Voucher by e-mail – impermissible advertising?
The Regional Court (LG) Frankfurt a.M. has decided that sending a voucher by e-mail constitutes unreasonable harassment within the meaning of competition law, if no consent from the recipient is present and within the context of a customer relationship not "own similar goods or services" are advertised, but rather the entire product range.
Read more02 January 2019
Photographs of public domain works
The Federal Court of Justice (BGH) confirms that even photographs of public domain paintings or other two-dimensional works are regularly protected by copyright.
Read more12 December 2018
A discount "on all items" must really apply to everything!
An advertisement stating "15% discount on all items" is unlawful if in fact some items are excluded from the promotion and the notice of this exclusion does not appear in immediate spatial proximity to the advertising statement. This was the ruling of the Higher Regional Court Hamm (OLG Hamm).
Read more11 December 2018
Dispute over Otto – Otto's Burger
The Hamburg restaurant chain "Otto's Burger" is permitted to continue using that name. The Regional Court (LG) Hamburg dismissed the lawsuit brought by the well-known mail-order company Otto. The latter claimed that its rights in the company identifier "Otto" were infringed.
Read more02 December 2018
Puma vs. Dolce & Gabbana: Dispute Over Shower Slides
In the "shower slide dispute" before the Higher Regional Court (OLG) Munich between sportswear manufacturer Puma and luxury label Dolce & Gabbana, the latter emerged as the victor. Despite placing a shower slide on the market which showed high similarity to Puma's model, the judges saw it merely as a derivative imitation, thereby excluding a violation of competition law.
Read more30 November 2018
Dispute over an "Extra Issue"
Is advertising with the designation "Extra Issue" for a recipe collection enclosed with the magazine misleading? Does the relevant class of persons expect to receive an additional independent issue with its own pagination, its own editorial content, and a masthead when purchasing the magazine? The Higher Regional Court (OLG) Hamburg says no.
Read more23 July 2018
MESSI VS. MASSI
At the World Cup in Russia, the Argentine team with its superstar Lionel Messi came to an end after the round of sixteen. The well-known footballer was more successful in a trade mark dispute. Messi can have MESSI registered.
Read more28 June 2018
Drinkable beer inadmissible?
Alcoholic beer must not be advertised with the term "drinkable". The Federal Court of Justice (BGH) has now also confirmed that this constitutes a health-related claim.
Read more23 April 2018
AdBlock Plus permissible
Programs that suppress annoying advertisements on websites are practical. Opinions on their permissibility have previously differed. The Federal Court of Justice (BGH) has now clarified that the offering of the ad blocker program AdBlock Plus is not unfair and is therefore permissible.
Read more22 March 2018
Louboutin – Trade mark invalid?
In his Opinion, the Advocate General at the Court of Justice of the European Union (EuGH) concludes that the trade mark of designer Christian Louboutin can be excluded from registration or declared invalid under EU trade mark law.
Read more14 February 2018
Apple successful: no registration of "MI PAD"
For years, the US company Apple and the Chinese company Xiaomi have been disputing whether the word mark MI PAD may be registered as a Union mark or not. The General Court (EuG) says no.
Read more13 February 2018
Image reporting on Christian Wulff permitted?
A legal dispute between former Federal President Christian Wulff and Bauer Verlag ended with a ruling by the Federal Court of Justice (BGH), which classified the relevant photographs as falling within the scope of contemporary history.
Read more25 January 2018
Thanks to Legal Tech – "Get Rid of Fines for Free"?
The advertised services of a legal tech portal for traffic law were not quite as free as claimed. Corresponding advertising statements made by the portal were deemed misleading by the Regional Court (LG) Hamburg.
Read more10 January 2018
New legislation: prohibition on charges for certain payment methods
On 13.01.2018, the law implementing the Second Payment Services Directive comes into force. § 270a BGB is newly introduced. This is of particular interest to online merchants.
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