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Section 15b UWG and EmpCo Old Stock: A Transitional Provision That Came Too Late
by
Michael Goldmann

Since 27 September 2026, stricter rules on unfair commercial practices introduced by the EU's Empowering Consumers for the Green Transition (EmpCo) Directive have applied in Germany. This raises a pressing question for manufacturers and retailers: What happens to products and packaging manufactured or placed on the market before that date which no longer comply with the new requirements? Can these stocks still be sold, or do businesses face injunctions, product recalls and, potentially, the destruction of perfectly usable goods?

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Is 'Software' Too Vague to Protect? EUIPO Refers Landmark Question to the Grand Board
by
Cathérine Elkemann

On 17 September 2026, the First Board of Appeal of the EUIPO issued an interlocutory decision in KIRA (fig.) / QIRA (R-1989/2025-1) referring the case to the Grand Board of Appeal. At stake are two deceptively simple questions with potentially very large consequences: (1) is the term "software" clear and precise enough to serve as the basis for trade mark protection at all and (2), if so, is software similar to motor vehicles?

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Recommendation Parameters, Terms Transparency and the Report Button: OLG Bamberg Clarifies DSA Obligations for Online Marketplaces
by
Michael Wittlinger

‍OLG Bamberg, judgment of 29 July 2026 – 3 UKl 13/25 e | The Third Civil Senate of the OLG Bamberg continues to develop its Digital Services Act case law. For the first time, it specifies how far providers must disclose the weighting of their recommendation system parameters; at the same time, it prohibits login requirements as a precondition for reporting illegal content. We summarise the decision and provide guidance for practice.

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OpenAI loses before the General Court
by
Malin Annerl

The General Court also dismisses OpenAI’s action: No EU trademark protection for the word mark “OPENAI”—at least for now.