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21 01, 2021

Munich I Regional Court: Käpt’n Iglo ./. Appel Feinkost – No anti-competitive imitation of Käpt’n Iglo by advertising with a male protagonist in a maritime background.

Munich I Regional Court: Käpt'n Iglo ./. Appel Feinkost - No anti-competitive imitation of Käpt'n Iglo by advertising with a male protagonist in a maritime background In its judgement of 03.12.2020, the Munich I Regional Court had to [...]

13 01, 2021

Likelihood of confusion under trade mark law for composite word marks – FCJ I ZB 80/19 – YOOFOOD/YO

Likelihood of confusion under trade mark law for composite word marks – FCJ I ZB 80/19 - YOOFOOD/YO How is the likelihood of confusion assessed if one of the opposing trademarks is a composite trademark consisting of a distinctive and a [...]

7 01, 2021

OLG Duesseldorf – Assert a matter in dispute in second instance which has neglected in first instance?

Higher Regional Court Duesseldorf – Assert a matter in dispute in second instance which was neglected in first instance? I. Decision In a decision of 13 August 2020 (2 U 25/19), the Higher Regional Court Düsseldorf had [...]

4 01, 2021

Cross appeal in nullity proceedings – FCJ X ZR 40/18

Cross appeal in nullity proceedings - FCJ X ZR 40/18 In its ruling of 4 August 2020 (Ref.: X ZR 40/18), the Federal Court of Justice (X. Civil Division) had to decide on the question of when a [...]

22 12, 2020

PAVIS online seminar – Code of Civil Procedure (ZPO) in patent nullity proceedings

PAVIS online seminar - Code of Civil Procedure (ZPO) in patent nullity proceedings Current decisions relevant for liabilty on civil procedure issues of nullity proceedings Current decisions of the Federal Patent Court and the Federal Court of Justice [...]

3 12, 2020

Bundestag votes for the Unified Patent Court

Bundestag votes for the Unified Patent Court In its 195th session on 25 November 2020, the German Bundestag approved the "Agreement on a Unified Patent Court" in an unamended version with the required majority of two-thirds of the [...]

27 11, 2020

All eyes on Luxembourg – Düsseldorf refers Nokia v. Daimler FRAND dispute to CJEU

All eyes on Luxembourg – Düsseldorf refers Nokia v. Daimler FRAND dispute to CJEU On Thursday, 26. November 2020, the Regional Court Düsseldorf announced its long-awaited decision in Nokia’s first instance infringement suit against Daimler. Observers had tried [...]

21 10, 2020

Kather Augenstein again awarded “TOP Law Firm” by Wirtschaftswoche

Kather Augenstein again awarded "TOP Law Firm" by Wirtschaftswoche Every year, Wirtschaftswoche evaluates the best law firms and lawyers in its renowned ranking of various fields of law. Their jury of experts has listed us as [...]

20 10, 2020

Lexology Webinar: Stay ahead in SEP litigation – FRAND update Europe

Lexology Webinar: Stay ahead in SEP litigation – FRAND update Europe Recent months have seen several prominent court decisions on standard essential patents (SEP) and fair, reasonable and non-discriminatory (FRAND) licensing. SEP owners and implementers alike must [...]

6 10, 2020

Liability for trademark infringement on the Internet – Is the original infringer liable if an advertisement that infringes trademark rights is distributed on the Internet without his intervention?

Liability for trademark infringement on the Internet - Is the original infringer liable if an advertisement that infringes trademark rights is distributed on the Internet without his intervention? (ECJ, judgement of 02.07.2020 - C-684/19) In practice, again and again [...]