Law firm for design law

Protecting Designs, Combating Plagiarism

We assist you in efficiently and accurately protecting your creative output both domestically and across borders.

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We advise you on the protectability of your designs and develop a protection strategy tailored to your needs.

The better the design, the greater the risk of copying or imitation. Border seizure applications can prevent the distribution of infringing products. If the plagiarised product still reaches the market, quick action is often crucial to avert economic damage. We quickly and efficiently prepare applications for preliminary injunctions and are at your side during the enforcement process.

Not every output is eligible for protection. We are dedicated to protecting you against unfounded claims.

On the subject: From our IP blog

Artikel
Artikel
Luck or Love – No Protection for the Idea of Using an Emotional Catchphrase as a Product Name
by
Janna Thomsen

The legal dispute between the "Glück" jam manufacturer (Glück = German word for luck) and its competitor "LieBee" honey (a pun between the German word for love “Liebe” and the English word “Bee”) has now reached the third instance before the German Federal Court of Justice (BGH). Since 2019, the manufacturers have been locked in a dispute over whether the "LieBee" honey constitutes an unfair imitation of the "Glück" jam jar. Now, the German Federal Court of Justice has overruled the decision of the Higher Regional Court of Hamburg that had decided in favour of the “Glück” manufacturer (see BGH, judgement of 7 December 2023, case no. I ZR 126/22). The BGH held that the mere use of an "emotional catchphrase" as a product name does not establish competitive originality and cannot lead to an unfair product imitation and deception of origin. The Higher Regional Court of Hamburg must now review its decision, taking into account the legal opinion of the BGH.

Three reasons for HARTE-BAVENDAMM

Proven excellence

Satisfied clients, numerous top-tier rankings, major publications, extensive litigation experience: design law is our core competence.

IP is our passion

We represent your interests with ingenuity and dedication. We protect your intellectual property and develop creative strategies. Complex cases are our strength.

Consistently in your interest

As a strong partner, we advise our clients decisively, confidently and effectively. Even in tense conflict situations, our team always keeps a cool head and finds convincing solutions.