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Morten Petersenn

Posts by Morten Petersenn

Germany: Federal Network Agency imposes record fine for cold call advertising

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG

Hard Rock Cafe II – Acquiescence in IP infringement cases

In part II of this IP Enforcement focus v-log (see part I), we talk about the topic of acquiescence in IP infringement cases using the example of the famous Hard Rock Cafe case in Germany. This case has shown that in merchandise cases the principle of acquiescence is only of limited value. Watch the v-log here   For

Germany: Unlicensed Hard Rock Cafe in Heidelberg Germany ceases operation

After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of February. In return the Hard Rock Group waives part of the damage claims that were granted to it. Background:

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing products

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist order regarding the distribution and promotion of infringing products in principle includes the obligation

EU: Risk of IP litigation II: CJEU – Moral damages

In this IP Enforcement Focus v-log, we report on a decision by the European Court of Justice dealing with damage claims in the field of IP. The question the court had to answer was whether moral damages can be obtained in addition to damages based on a fictional license fee. (CJEU – C-99/15) Watch this

Germany/Hamburg – Unfair Competition seminar: The state-of-play in Germany spotlighting online cases

Client seminar with guest speaker of the German Centre for Protection Against Unfair Competition (Wettbewerbszentrale – Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) On 17 November 2015 a client seminar on recent developments in Unfair Competition Law will take place in the Hamburg office of Hogan Lovells. A director of the German Centre for Protection Against

Germany – German Federal Court of Justice: Good news for brand owners: the parody exception does not justify the registration of a trademark

Background facts Last week the German Federal Court of Justice affirmed a decision of the Higher Regional Court of Hamburg ordering the owner of a trademark, which was to some extent parodying a well-known trademark, to agree to the deletion of his trademark. The attacked trademark registration was found to be detrimental to the reputation

Fashion & Law Newsletter 2015

The first Hogan Lovells Fashion & Law Newsletter of 2015 is out. Fashion is not only about trends and styles but developing and maintaining a brand’s recognition and reputation. Therefore, the fashion industry is affected by a range of legal areas.  In our newsletter you will find summaries on recent landmark decisions, legal developments and