Unfair Competition Law

The German Act against Unfair Competition is a powerful tool in combatting unfair business practices. Unfair competition such as misleading advertising or aggressive commercial practices particularly concern companies competing for end users of their products. In addition, the German Act against Unfair Competition provides a series of measures to protect against product imitation (independent of design and three-dimensional trademark protection), which focus on preventing misrepresentation of origin and exploitation of reputation.

The fact that German regional courts tend to liberally accept territorial jurisdiction where sufficient ties to the national market are established is an advantage. German unfair competition law is unique in Europe on account of the rapid interplay between a preliminary injunction, the filing of protective briefs and appeal proceedings. Our clients appreciate our attorneys’ quick and effective response as well as their thorough understanding of the particular industry when it comes to protecting their companies and products from unfair practices.

For many years, BARDEHLE PAGENBERG’s attorneys have been representing and supporting clients in cases brought before the courts at all instances throughout Germany, including the German Federal Court of Justice, and frequently leading to groundbreaking decisions for clients in sectors, such as restaurant chains, consumer health care, fashion and cosmetics, and the sports industry. We also advise our clients on creating marketing and advertising concepts to avoid legal conflicts.