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New GC decision ruling on the proof of use request
by
Caroline Trenner

Trademark owners are regularly confronted with the proof of use requirement in disputes before the national trademark offices or courts. After expiry of the 5-year grace period, trademarks that have not been put to genuine used may be declared invalid and thus removed from the register, or disregarded in opposition proceedings. This is because, in principle, anyone who registers a trademark must also make genuine use of it for the registered goods and services. This makes it all the more important for trademark owners whose marks are outside the grace period to be able to prove the genuine use of their marks.

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The Super Sports Year 2024 — On Your Marks, Get Set, “Ambush”!
by
Ruven Appelkamp

The year 2024 not only provides an extra day in February, but above all one thing: sports, sports and more sports. With the European Men's Handball and Football Championships, two mega events are taking place in Germany this year. Then there is the European Women's Handball Championship, taking place inter alia in Switzerland and Austria, and of course the Summer Olympics in Paris. As always, numerous companies are ready and waiting to benefit from the pulling effect of such major events. Reason enough for us to shed some light on what you need to bear in mind with event-related advertising measures and what obstacles need to be overcome when it comes to so-called “ambush” marketing. We would like to take this opportunity to thank Frida Felixmüller, who joined us during her legal clerkship, for her great support with this article.

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Model designation or trademark? – An overview of the change in case law on trademark infringements by model designations in the clothing sector
by
Lisa Kammann

In the fashion industry, first names are often used to designate clothing models. In recent years, this has led to a large number of legal disputes. In particular, the trademark “SAM”, “MO” and “Isha” has been used to issue warning letters to numerous companies that sold clothing models under these names or at least used these signs in their product descriptions. While the courts of instance initially ruled very generously in favour of trademark owners, the ruling practice has changed in recent years under the influence of the German Federal Court of Justice (BGH) and trademark use and thus infringement has been assumed less frequently. The decisive factor for the question of trademark use is always whether the public perceives the first name as a (secondary) mark or as a mere model designation. Below we provide a brief overview of the change in case law and its practical relevance.

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Final Countdown: The regulation of online platforms by the Digital Services Act and the Digital Markets Act
by
Anna-Carina Salger

As of 17 February 2024, it will now come into full force: the Digital Services Act. Together with the Digital Markets Act (DMA), which has been in force since May 2023, it forms a reform package of the European Commission to regulate digital services in the EU market. The package focuses on strengthening the regulation of digital services in the European Union with the aim of ensuring greater legal certainty and transparency in digital markets, better protecting consumers and promoting innovation and competitiveness in the internal market. In this blog post, we provide an overview of the most important provisions of the DSA and the DMA and discuss their impact in particular on online platforms.