Header graphic for print
LimeGreenIP News

Tag Archives: German Federal Court of Justice

#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

German Federal Court rules on Google’s Image Search – Thumbnails III

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name “Vorschaubilder III” (“Thumbnail III“). And, it is already to be anticipated that it will leave both experts and

Germany: WUNDER-BAUM Air Freshener is a famous trademark

Julius Sämann Ltd. wins with Hogan Lovells before German Supreme Court (Case Ref.: I ZR 75/15) Almost everyone knows the “WUNDER-BAUM” Tree hanging from the rear view mirror of so many cars. Behind this little air freshener stands a sophisticated trademark strategy the rights holders have followed for many decades. Ever since the 1950s, when

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

German Federal Court of Justice: The bank secret is not absolute!

The concept of banking secrecy does not work absolutely. The right to refuse information on a (known) account holder has to be balanced against rights a trademark owner has to adequately protect his intellectual property by investigating the payment flow connected to an illegal purchase of a counterfeited product. This is the bottom line of

Competition law: Supplementary protection following the expiration of a patent

Schnabl wins with Hogan Lovells landmark case before German Federal Court of Justice The question of whether and how to secure supplementary protection for products that once enjoyed patent protection is of paramount economic interest. Apparently, German courts have adopted quite diverse positions on this subject. However, most recently the German Federal Court of Justice

CJEU rules on boundaries of bank secret

An unlimited and unconditional bank secret is at odds with Article 8 (3) (e) of the Directive 2004/48 enforcing the dedicated right of information. This is the core result of last week’s decision of the European Court of Justice (CJEU) in a matter brought before the CJEU by the German Federal Court of Justice. In

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