Fighting consistently. Building bridges. We are your experts in litigation and alternative dispute resolution.
Dispute Resolution
We specialise in providing consistent and vigorous legal representation in all areas of the law that we are passionate about.
Whether in unfair competition law or in trademark, design and copyright law, whether in the protection of trade secrets or in distribution law: litigation is our core competence. As experienced litigators, we fight with passion and determination to enforce and defend your interests in court.
Whether it be a warning letter, interim injunction or court action: We work with our clients to determine the best strategy and implement it in a targeted manner.
From out-of-court settlement negotiations to arbitration proceedings, we are experts in alternative dispute resolution.
Sometimes it is wiser to settle a dispute out of court. We recognise such cases and guide them to a solution that preserves your resources.
Henning Harte-Bavendamm has many years of experience in arbitration, both as a party representative and as an arbitrator.
On the subject: From our IP blog
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.
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.
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.
In New York, a legal dispute that has been pending since 2018 between the luxury company Chanel and the reseller What Goes Around Comes Around (WGACA) is entering the next round. At the heart of the dispute are typical issues that arise time and again in disputes between (luxury) brand owners and commercial resellers. Reason enough for us to examine the limits of what is permissible under German and European trademark law.
Three reasons for HARTE-BAVENDAMM
Satisfied clients, numerous top-tier rankings, major publications, extensive litigation experience: intellectual property law is our core competence.
We represent your interests with ingenuity and dedication. We protect your intellectual property and develop creative strategies. Complex cases are our strength.
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.
