Unfair competition, intellectual property rights and distribution law
- Enforcement and defence against claims of unfair competition
- National and international trademark and design applications (Patent Office, WIPO or OHIM)
- Administration and servicing of trademark portfolio (renewals, extensions, defence of younger, similar trademarks)
- Implementation of trademark research
- Legal disputes related to infringements of trademarks, designs or copyrights
- Assessment of distribution agreements on compliance with antitrust and competition law (particularly in relation to relevant block exemption regulations)
- Drafting of franchise concepts and related agreements
- Calculation, enforcement or defence of compensation claims by agents and distributors
„Hofer Preis“ – Admissibility of advertising
Advertising claims must not be misleading and not condescend competitors across the board. Advertisements in the form of rhymes or verses are to be judged more leniently with regard to their suitability for misleading, as these are not taken literally by consumers and automatically reduced to an appropriate level.
MorePosting a photo on Facebook – what about copyright?
If a photo is uploaded to a Facebook group without the consent of the entitled person, there is a copyright infringement, unless it is a private group.
MoreProtection of trade Secrets – possible immediate measures
Trade secrets demand according to § 26b UWG for appropriate secrecy measures. In this article we give a brief – non conclusive - overview of possible Protective Measures.
MoreThe use of the registration notice ® for a mark that is not registered as a brand is unfair
The indication ® on a registered mark is aimed not only at competitors, but equally at the potential customers. If the ® is used for a non-registered trademark, this violates § 2 UWG. The ® suggests exclusivity and gives the impression that the user is the only authorized provider, thereby misleading the consumer into delving into the offer.
MoreCalculation of Infringement Profit in Intellectual Property Law
Anyone who’s registered design is violated, is entitled to surrender the profit. The calculate of this profit requires the calculation of the "net profit" (total profit minus costs for purchase, customs, transport, discounts etc.). Only the part of this profit, which is based on the use of the foreign property right, is to be surrendered. It is relevant to which extent the buyer's decision to purchase is due to the fact that the registered design was used. That part of the profit which results from other causes (such as the quality of the goods or the intensity of the advertising of the infringer) must remain with the infringer.
More