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Yvonne Draheim

Posts by Yvonne Draheim

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

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

When 3D-printing challenges IP rights

3D-printing changes the way we develop products: an idea can be transformed into a tangible product faster than ever and it is not even expensive anymore! But what is 3D-printing? Simply put, it is a machine that builds an object out of base materials by successively stacking thin layers of the material in accordance with

Germany: 3D-Printing – How are trademarks affected?

From a legal perspective, the new technology of 3D-printing particularly affects industrial property rights. Printed products may infringe patents, designs or utility models as well as trademark rights. The question of the liability of print shops creating products with this technology from originals provided by third parties also has to be raised. This article focuses