using a similar script. Turning to the issue of whether there was a sufficient – direct or indirect – likelihood of confusion as required for the application of Section 4 No. 9 lit a German Act...

decided that a degree of public recognition of above 50 % was sufficient to show acquired distinctiveness. The Court referred to a decision of the Court of Justice of the European Union of June...

relaxed in the current version of the Guidelines 2022, but it is still not sufficient to make only minimum amendments, which were sufficient prior to 2021 (it was often sufficient to supplement...

Press release of March 14, 2010 Court of Appeals Düsseldorf on the infringement of a method claim in Germany when its features are partially realized abroad (decision of December 10, 2009, Case...

filing date. These rights will eventually be entered on the register of the UKIPO. Their term of protection will be the same as that of the original Community designs. They will have to be...

community of Castell, located in the wine-growing area of Franconia (part of Bavaria), against a decision of the Frankfurt Appeal Court, denying liability of the French company Castel Frères of...

on of certain types of skis, shoes and caps of the cross-country sector. In ex parte proceedings Fischer had persuaded the Court that the combined colours of black-yellow were corporate colours ...

Frankfurt Appeal Court denied any sufficient likelihood of confusion on the part of the consumers. In addition to that, claims based on trademark law were dismissed for lack of priority. The...

the design-in-suit valid but not infringed due to (1) a narrow scope of protection of the design right and (2) sufficient differences between the asserted and the accused design. Under German...

previous case law of Higher Regional Court of Munich, judgement of July 26, 2012, case 6 U 1260/12, BeckRS 2012, 16104; following case law of Higher Regional Court of Duesseldorf, judgment of...

observed in the context of examination of the absolute grounds for refusal according to Article 7(1) of the EU Regulation No. 207/2009 (“EUTMR 2009”). It does not constitute an error of law if a...

guidelines of the German Federal Court of Justice, focusses its examination on both parties’ willingness to conclude a license agreement in the context of an assessment of the overall conduct of...

in the field of antiviral agents for the treatment of AIDS. Both simultaneously conducted research on a group of agents inhibiting the enzyme integrase and thus counteracting proliferation of...

Court of Justice of the European Union in the Mio and USM Haller / konektra cases (Joined Cases C-580/23 and C-795/23), related to questions of substantive EU copyright law with respect to works...

Chairman and Members of the Enlarged Board of Appeal, The Boards of Appeal of the European Patent Office (EPO) have developed a well-balanced and consistent framework for the assessment of...

the understanding of the feature of the labyrinth with its twofold change of direction that was of decisive importance. In its interpretation of the labyrinth feature, the Federal Court of...

appeal on (two) points of law to the BGH concerning the scope of the claim for recall and the relevance of sales to customers outside Germany. Findings of the Court a) Relevance of sales outside...

case law of the Higher Regional Court of Düsseldorf, which in these cases assumes an exception to the demonstration to the satisfaction of the court of the sufficient certainty of legal validity...