Largely re-codified in July 2004, the new German Act against Unfair Competition is a strong tool in the day-to-day struggle against unfair advertising and imitation practices. As long as Unfair Competition Law is not harmonized on a European-wide level on the basis of the corresponding Directive 2005/29/EC of May 11, 2005 on Unfair Competition Practices, practitioners will still have to concentrate on German law when they do business in the world's third-largest economy. German courts are generous in confirming jurisdiction if the case is related to the local market, whereby forum shopping, particularly in cases of online infringements has become very common.

Unfair competition cases such as misleading advertising or aggressive commercial practices usually relate to companies that compete for the end users of their products. Consequently, industries such as fast food, consumer healthcare, cosmetics etc. are affected to a substantial extent. In particular, the German Act against Unfair Competition provides a tableau of instruments to protect against product imitation (independent from design and tri-dimensional trademark protection) - with a focus on the fight against deception of origin and exploitation of reputation. For many years BARDEHLE PAGENBERG has been one of the spearheads in litigating unfair competition matters before all instances throughout Germany, up to the Federal Supreme Court.

German unfair competition case law is singular in Europe for the speedy interaction between preliminary injunction, protective brief and opposition proceedings. Every year, hundreds of requests for an interlocutory injunction as well as protective letters - a specific instrument to shield from ex parte injunctions - are lodged by BARDEHLE PAGENBERG with nearly a dozen district courts in Germany. Our clients appreciate the hands-on, fast reaction approach of our attorneys when it comes to effectively protecting their marks and products from unfair practices, be it in comparative advertising, offers on the Internet or classical product imitation.