HARTE-BAVENDAMM Rechtsanwälte in Hamburg

Firm Foundations
Firm Foundations
Firm Foundations
Firm Foundations
Inspired Solutions
Inspired Solutions

For innovative companies in Germany and worldwide: HARTE-BAVENDAMM is specialized in intellectual property and unfair competition law.

Based in Hamburg, unlimited commitment

From our office in Hamburg's HafenCity, we work with a global perspective and keep an eye on the big picture, because just as businesses are expanding globally, legal matters do not stop at national borders.

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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.

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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.

From the creation of a business idea to its development up to its commercialisation: We provide strategic advice on IP law, securing and enforcing intellectual property rights and drafting development, licensing and distribution agreements.

Awards & Recognitions

HARTE-BAVENDAMM has consistently been named as one of the leading law firms in trademark and unfair competition law in Germany in numerous rankings for years, including Chambers, WTR 1000, The Legal 500, IP Stars and JUVE Handbuch.

Für innovative Unternehmen in Deutschland und weltweit: HARTE-BAVENDAMM ist spezialisiert auf das Recht des geistigen Eigentums und das Wettbewerbsrecht.
Für innovative Unternehmen in Deutschland und weltweit: HARTE-BAVENDAMM ist spezialisiert auf das Recht des geistigen Eigentums und das Wettbewerbsrecht.
Für innovative Unternehmen in Deutschland und weltweit: HARTE-BAVENDAMM ist spezialisiert auf das Recht des geistigen Eigentums und das Wettbewerbsrecht.
Für innovative Unternehmen in Deutschland und weltweit: HARTE-BAVENDAMM ist spezialisiert auf das Recht des geistigen Eigentums und das Wettbewerbsrecht.