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Thomas Richter

Posts by Thomas Richter

Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

German Federal Court of Justice, ref. no. 5 StR 554/17 Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. By doing so, they aim to both prevent trademark owners from bringing civil law claims as well as to avoid criminal prosecution through law enforcement authorities. The German Federal Court

#unfaircompetition – limitations to influencer marketing under German law

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company using an influencer to post advertising on Instagram may be liable for failing to clearly indicate the underlying commercial purpose even

Not so unitary after all? Cease & desist and damages claims law in EUTM infringements

The Higher Regional Court of Frankfurt recently ruled on the territorial scope of cease and desist claims and the law applicable to damages claims in a case where infringing acts occurred in several EU Member States (Higher Regional Court of Frankfurt, case ref. 6 U 4/15). Generally, the EU trademark regulation provides unitary protection of