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
Hogan Lovells global IPMT practice has been awarded the accolade of ‘Global IP Firm of the Year’ at the Managing Intellectual Property North America awards – becoming the first firm to win the award in consecutive years and the only firm to win it three times. The award recognizes the strength of our global practice
Although the opening ceremony of the next Olympic Games in Tokyo is still more than a year away, recent decisions of the German courts are already preparing the stage for commercial and advertising activities evolving around them. The courts are defining to which extent non-official advertising partners may use the Olympic designations “Olympiade”, (“Olympics”) “Olympia”
Earlier this year, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. We have just published an info-sheet which covers the key developments in Benelux, France, Germany, Italy, Poland & Spain, and includes a quick-reference comparative table. Download the info-sheet here. The webinar recordings are also available via registration here and
At the end of 2018, the Stuttgart Court of Appeals [Oberlandesgericht] clarified that, pursuant to Regulation (EU) No. 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products (hereinafter: the Textile Regulation), in Germany the components of a textile product must be indicated in German. The use of English terms
The amendment of the German Trade Mark Act by way of the Trade Mark Modernization Act (MaMoG) entered into force on 14 January 2019, implementing a range of obligatory and optional provisions of the EU Trade Mark Directive 2015/2436 into German law. In addition to some changes of rather editorial nature, the MaMog also introduces a number
On January 14, 2019 Germany’s Trademark Law Modernization Act (MaMoG) went into effect, amending the German Trademark Law (MarkenG) to implement European Union Trade Marks Directive 2015/2436 (MRL). This Act introduces specific regulations for the registration of certification marks, which are an entirely new type of trademark under the German Trademark Law. Certification marks have
IN THIS ISSUE PTAB Denies Institution as Duplicative Due to Earlier IPR Challenge by Different Petitioner – Shenzhen Silver Star Intelligent Tech. v. iRobot Corp. (5 September 2018) German Federal Patent Court on Filing Auxiliary Requests With Narrower Claims in Patent Nullity Proceedings – “Satellite Based Paging System with Location Transmission,” Federal Patent Court of
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
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
DENIC, the Registry responsible for running the .DE namespace, recently announced that 100,000 .DE domain names have been registered using Domain Name System Security Extension (DNSSEC). DENIC introduced DNSSEC as an option for .DE domain names in 2011. According to the Registry, there has been steady growth in the number of .DE domain names being
Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17). But before the Court submits a ruling on the case, presumably in early spring 2019, Advocate General Maciej Szpunar published his Opinion on 25 October 2018.
In this edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, Japan, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. 日本語 – Japanese language translation available here 한국어 – Korean
The U.S. and Germany are two of the most important fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all European patent litigation. Hogan Lovells offers its multi-lingual update, dated September 2018, on notable recent
Our international tax, corporate and intellectual property partners will hold seminars in Hong Kong (3 Sept.), Shanghai (4 Sept.) and Beijing (5 Sept.), with lively discussion on the monetization of your intellectual property (IP) in the context of M&A transactions. While IP makes up a high percentage of Enterprise Value (if not the majority in some industries!), it
Earlier this month we held the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar explored recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The speakers were three members of our global patent team handling automotive patent litigation and SEP disputes: Katie Feng (China), Joe Raffetto
Court of Justice of the European Union, judgment of 7 June 2018, C-44/17 Glen is a Gaelic word with a wonderful lyrical sound to it and reminiscent of idyllic remote Scottish valleys with the mists from the last rain perpetually lingering over their green slopes. Also, it happens that 31 out of 116 Scottish distilleries
Join us on 21 or 26 June for the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar will explore recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The presenters include three members of our global patent team handling automotive patent litigation and SEP disputes:
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
Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free for all to use in commerce, signaling the end of a trademark monopoly
Trade fairs offer patent proprietors particular opportunities to take action against infringements of their IP rights. However, successfully enforcing patent rights requires careful planning and expert implementation to avoid pitfalls. Exhibitors who fear being sued for patent infringement at a trade fair must also be well prepared. Trade fairs are one of the key marketing
Virtual realities don’t just offer a fascinating experience for the user, they also give rise to a large number of legal issues: What is the best way to protect technical inventions? Should patent applications be filed or is it better to keep inventions secret? What stumbling blocks may be encountered when cooperating with other companies
EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure must be implemented in the EU Member States by June 2018. The Directive seeks to address the increasing importance of trade secrets, the growing threat to classified information and how to effectively combat industrial espionage and protect secrets.
BGH, October 10, 2017 – I ZB 96/16, published on February 6, 2018 Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the infringing use but also have to