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 European Union has implemented significant reforms to the Court of Justice of the European Union (CJEU). The changes, which took effect on September 1, 2024, are designed to improve the efficiency of the court system and increase transparency in its operations.
The law of jurisdiction contains a number of pitfalls which are often underestimated in practice, particularly at the interface between contractual and tort claims. In this article, we discuss a recent decision of the Oberlandesgericht Karlsruhe (Karlsruhe Higher Regional Court), which had to rule on a claim brought by a journalist who had unsuccessfully challenged the blocking of his account on an internet platform on the grounds of a breach of the law on unfair competition (OLG Karlsruhe, Urt. v. 8.Mai 2024,Az.6U198/23).
So-called repeat filings, often intended to circumvent the obligation to put the trademark to genuine use and thus taking advantage of further grace periods for the refiled trademarks, might seem attractive in particular to reduce costs. However, they also involve the risk of finding bad faith at least under EU law. The concept of bad faith is not legally defined but is shaped by the respective case-law. In this respect, the “Monopoly” Judgment of the General Court sets forth relevant principles and provides important strategic guidelines. Furthermore, the recent decisions of the Cancellation Division of the EUIPO regarding the trademarks of the famous artist Banksy representing one of his best known artworks, the Flower Thrower, demonstrate the importance of having a sound strategy behind any trademark filing. In the following, we will have a closer look at these cases to illustrate the possible risks of repeat filings and to provide some advice on risk-minimizing trademark filing strategies.
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.
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.
