HARTE-BAVENDAMM offers specialized legal services in intellectual property and unfair competition law, catering to innovative enterprises not just within Germany, but across the globe.
At Home in Hamburg, Globally Committed
Operating from our office in a borough in the heart of the City of Hamburg known as “HafenCity”, we maintain a global outlook and vigilantly oversee the broader context. As economic activities transcend national boundaries, legal considerations follow suit.
The Federal Court of Justice (BGH) has ruled on a lawsuit over an advertisement from the German confectionery company Katjes. This involved competition law issues relating to the use of the climate neutrality statement of the production of Katje's products.
If a business is held liable by another for an (alleged) infringement of their business identifier, the question always arises as to whether and how one can defend oneself against such claims. In most cases, consideration is then given to whether the business identifier lacks the distinctive character required for its protection. Or the question is raised as to whether the business identifier is used in the course of trade for a specific business operation close enough to the other party’s business. Or the questions of priority or similarity of signs and much more is dealt with. It is relatively seldom considered whether the business identifier may not enjoy protection at all because it is misleading and how this can be most effectively asserted in court. This article sheds a little light on this topic.
While there has long been a legal framework for the protection of geographical indications at EU level, there was no EU-wide system to protect names of products such as Solingen cutlery, Erzgebirge Weihnachtsschmuck, or Limoges porcelaine.
News on packaging law – The Federal Court of Justice rules on misleading packaging in online stores. At the same time, significant changes to packaging law are pending at EU level, as the EU Parliament has adopted the trilogue draft of the Packaging Regulation. This regulation is likely to mean the "end" for large parts of packaging, and not just for deceptive packaging. Brand and design owners should deal with the changes as soon as possible.
From the inception of a business idea, through its development and commercialisation, we offer strategic legal advice on IP law with respect to securing and enforcing intellectual property rights and the execution of development, licensing and distribution agreements.
Awards & Recognitions
For years, HARTE-BAVENDAMM has consistently been acknowledged as a premier German law firm specializing in trademark and unfair competition law, earning acclaim in numerous esteemed rankings such as Chambers, WTR 1000, The Legal 500, IP Stars and JUVE Handbuch.
