Header graphic for print
LimeGreenIP News

Patrick Fromlowitz

Posts by Patrick Fromlowitz

EU: “Der Grüne Punkt” is not a trademark used for packaged goods

“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject matter of proceedings before the General Court (GC). The General Court’s main task was to examine the question of whether proven use of the trademark

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. After the case was referred to the CJEU, the District Court of Hamburg [Landgericht – LG] ruled in favour of the Scottish association, stating that

Germany: Influencers, distinctiveness and reputation. A translation round-up

The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. We will publish futher English translations from this blog periodically: Berlin: Influencer must identify presented products as advertising In an attention-grabbing decision (case ref. 52 O 101/18), the District Court

Germany: Federal Constitutional Court declares preliminary injunction without cease and desist letter and hearing unconstitutional

In its decision of 30 September 2018 (1 BvR 1783/17), the German Federal Constitutional Court [Bundesverfassungsgericht – BVerfG] ruled that a preliminary injunction issued in a press-law dispute by the District Court [Landgericht – LG] of Cologne without the appellant previously having received a cease and desist letter or been heard violates the appellant’s right