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German FCJ on the exploitation of the reputation of geographical indications as collective trademarks

The possibility to protect geographical indications as collective or individual trademarks exists, in principle, independently of the system for the protection of geographical indications...

News

German FCJ: Trademark owners bear the burden of proof for the public recognition of a trademark

The German Federal Court of Justice recently published a decision (Case No. I ZB 16/20) clarifying that trademark owners bear the burden of proof for public recognition of a trademark...

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ECJ: Protected Designation of Origin can also be infringed when used for services

A protected designation of origin (“PDO”) may also be infringed by use for services. According to the ECJ in a recently published decision (C-783/19), the protection of...

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Put a cork in it: EU General Court says sound file of "opening a carbonated beverage" not registrable as a sound mark

The typical crack and fizz sound that occurs when opening a carbonated beverage is not registrable as a sound mark as it lacks any distinctive character. This was decided by the General...

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CJEU opinion to German Courts on PDOs: if it says Champagne, it must taste like Champagne

A "Champagne Sorbet" may only bear the name "Champagne" if the taste of the sorbet is also essentially characterized by Champagne. After years of litigation up to the...

Insights

Green brands: how trademark law can promote sustainable business practices
Registered Content

In this publication which first appeared in World Trademark Review, we discuss 'green brands' - how trademark law can promote sustainable business practices and help consumers to...

News

German Federal Court of Justice: Personal image for unrelated content is unlawful "clickbait" advertising

The German Federal Court of Justice recently issued a decision declaring that the use of a photo of a prominent person for an editorial article infringes upon the right to one's...

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Lindgren heirs win in dispute over Pippi Longstocking lyrics

In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information, injunctive relief ...

Insights

Protected designation of origin can protect more than just the name
Registered Content

The European Court of Justice (CJEU) concluded in a preliminary ruling on 17 December 2020 (Case C-490/19) that the protected designation of origin (PDO) of a product did not only protect...

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