Our experience. Your competitive advantage. We are your experts in unfair competition law.
Unfair Competition Law
The range of legal services we offer in the field of unfair competition law is as varied as the law itself.
We advise you on planning and implementing new business models and advertising methods as well as on designing advertising campaigns.
In addition to issues relating to misleading advertising, a particular focus of our work is on the multi-faceted areas of product imitation and exclusionary competition.
In court, we fight passionately for your freedom of action under unfair competition law.
Speed is crucial in unfair competition litigation, where cases are usually decided in summary proceedings. We keep up with every pace.
We evaluate the market behaviour of your competitors and consistently protect against unfair practices.
We also defend against allegations of anti-competitive behaviour. To make it harder for claims to succeed, we strategically use all available procedural options.
A particular focus of our activities is on the pharmaceutical and healthcare sector.
The fields of medicine, economics, and healthcare policy are in a constant state of flux. Legal advice on the distribution and marketing of medicinal products, medical devices, and other healthcare products is therefore constantly evolving with regulations on advertising being particularly strict.
Our legal services in this highly complex area cover traditional pharmaceutical and drug advertising law, medical device law, cosmetics law, food supplements law, trademark and unfair competition law as well as licensing and distribution law.
In recent years, environmental claims have become increasingly significant.
As companies seek to demonstrate their commitment to sustainability, they are increasingly using environmental claims. This involves using phrases like “climate neutral”, “environmentally friendly”, or “sustainable”.
The legal obstacles for “green claims” are becoming increasingly difficult to overcome. We monitor the multitude of court decisions and current EU draft directives and provide guidance on the legal permissibility of environmental advertising.
On the subject: From our IP blog
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.
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.
The new provision on the right of competitors to take legal action under the German UWG (Act against unfair competition) is both challenge and opportunity. There are now some first examples of how the courts apply the provision. We will provide you with an overview of the latest case law and show you where potential traps lie when issuing competition law warning letters and conducting legal proceedings.
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.
