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Nikolaus von Bargen

Posts by Nikolaus von Bargen

20-year legal dispute over two seconds of music: CJEU on the never-ending sampling story

German courts have been dealing with the Metall auf Metall [song by the German band Kraftwerk] case for two decades. Recently, the CJEU, too, has had to deal with the case and ruled by judgment of 29 July 2019 (C-476/17) that unless the phonogram producer consents, sampling constitutes an infringement of his rights. However, the

CJEU: Online commerce – Provision of contact details clarified

The European Court of Justice (CJEU) has ruled that online sales platforms are not necessarily obliged to always provide consumers with a contact telephone number in order to meet statutory obligations. Other means of communication via which the consumer can communicate quickly and efficiently with the company may also be sufficient. Background The plaintiff, a

CJEU: Sweet victory for well-known trademark against registered design

In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action against the filing of a design featuring similar packaging filled with coloured sweets. Background The plaintiff manufactures coloured oval sweets

Germany: Filling a trademarked dispenser with goods from third-party manufacturers may constitute trademark infringement – Tork

In the case “Tork”, for which the judgement was released earlier this year, the Federal Supreme Court (FSC) had to decide to what extent “aiding and abetting trademark infringement” is constituted if paper towels are advertised as being suitable for a particular dispenser. Background The plaintiff sells hygiene products worldwide, including a trademark-protected paper towel

Germany: Trademark exhaustion not overcome by unusual resale packaging – beauty for less

In its case “beauty for less”, for which the judgement was released earlier this year, the Federal Supreme Court (FSC) ruled that a trademark owner cannot oppose resale advertising with the argument that the advertising is unusual in the industry sector. Background The plaintiff is a licensee of several European Union trademarks claiming protection for