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Germany: Costs in Trademark Opposition Proceedings

The general rule in German opposition proceedings is that each party bears its own costs. But what are the exceptions? A recent decision by the Federal Patent Court shows once more how difficult it is to obtain a decision ordering one party to bear the costs of another (decision of the Federal Patent Court of …

Haven’t heard of the European Union Intellectual Property Office yet?

Then it’s time to familiarize with the amended Community trademark System! The Regulation (EU) No. 2015/2424 amending the Community trade mark regulation will enter into force on 23 March 2016. The full text can be found here. It brings a few changes to the current Community trademark system. One of the most notable changes is …

Germany: May product search on Amazon amount to trademark infringement by Amazon?

The Higher District Court of Cologne held in preliminary injunction proceedings that use of a distinctive trademark on amazon.de for displaying other comparable products not originating from the trademark owner may be a trademark infringement (decision of 20 November 2015 on Case 6 U 40/15). Please see my blog post on this interesting decision on …