News

Protection of fashion by unregistered Community Design rights

On 2 July 2015, the District Court Düsseldorf confirmed a preliminary injunction prohibiting the further distribution of a blouse on the basis of an earlier unregistered Community Design (Case ref. no. 14c O 55/15).   The applicant had distributed a summer blouse depicting abstract drawings of flamingos in Germany since 2013. In 2015, it became …

No trademark protection for „TOUCHING HEARTS, CHANGING LIVES”

Whether trademark protection may be obtained for a slogan, remains difficult to be predicted. In this case, the refusal of the Community trademark application for “TOUCHING HEARTS, CHANGING LIVES” was confirmed by the Fourth Board of Appeal at the Office for Harmonization in the Internal Market (“OHIM”). The applicant had filed the Community trademark application …

Shape is what matters in case of a yoghurt container

In invalidity proceedings before OHIM the Board of Appeal overruled a decision by the Invalidity Division rejecting a request for declaration of invalidity against a Community Design registration (“CDR”) for a yoghurt container based on the colorful lid and label it contained compared with the earlier design. On 10 October 2014 the Board of Appeal …

No trademark protection for the slogan “Pioneering for You”

In its decision of 12 December 2014 on Case T-601/13, the General Court of the European Union (“GC”) confirmed the refusal of the Community trademark application for “Pioneering for You”. The applicant filed a Community trademark application for the word mark “Pioneering for You” for goods in Classes 7, 9 and 11 and services in …

German Federal Supreme Court limits the personal liability of company directors for violations of the Unfair Competition Act

In its decision of 18 June 2014 (Case ref: I ZR 242/12) the Federal Supreme Court reversed its jurisdiction according to which a company director was always already personally liable for the company’s violations of the Unfair Competition Act due to his position and the general responsibility for the business operations. In the future the …