HARTE-BAVENDAMM offers specialized legal services in intellectual property and unfair competition law, catering to innovative enterprises not just within Germany, but across the globe.
At Home in Hamburg, Globally Committed
Operating from our office in a borough in the heart of the City of Hamburg known as “HafenCity”, we maintain a global outlook and vigilantly oversee the broader context. As economic activities transcend national boundaries, legal considerations follow suit.
LG München I, judgment of 31.07.2026 – 42 O 763/25. In its second landmark judgment on the relationship between copyright and AI training, the Munich Regional Court (LG München I) has found the operator of the AI music generator Suno liable for infringement of copyright in six popular musical works. Notably, the 42nd Civil Chamber has, for the first time in a German judgment, applied the US fair use doctrine to AI training – and rejected it. We summarise the decision and set it in context.
In its judgment of 9 July 2026 (C-788/24), the ECJ followed the Opinion of Advocate General Rantos in the legal dispute concerning the online publication of “The Diary of Anne Frank”. At its core, the case centred on the question of whether geoblocking measures constitute effective technological protection measures against copyright infringements, even if they can be circumvented by VPN services. The Court has now answered this question with a clear ‘yes’.
The judgment ‘Obligation to Return VI’ (I ZR 123/25) of 3 June 2026 is – as the name suggests – the sixth judgment by the First Civil Senate of the Federal Court of Justice (BGH) on the so-called obligation to return applicable to hire cars. Following the pronouncement of the judgement, it was widely reported that the BGH had confirmed the continued validity of one of the most controversial provisions of passenger transport law. In the meantime, the dust has settled somewhat and it is becoming clear that this interpretation falls far short of the mark. Indeed, it follows from the grounds of the judgement that maintaining the obligation to return contravenes EU law if one takes its traditional objective and justification as a basis.
In November 2025, the EUIPO Boards of Appeal published a case-law research report on the “Thomson Life doctrine” and the concept of an element’s “independent distinctive role” in composite trade marks. The report is not binding, but it is a useful attempt to bring order to an area of trade mark comparison that even the EU Courts have applied inconsistently.
From the inception of a business idea, through its development and commercialisation, we offer strategic legal advice on IP law with respect to securing and enforcing intellectual property rights and the execution of development, licensing and distribution agreements.
Awards & Recognitions
For years, HARTE-BAVENDAMM has consistently been acknowledged as a premier German law firm specializing in trademark and unfair competition law, earning acclaim in numerous esteemed rankings such as Chambers, WTR 1000, The Legal 500, IP Stars and JUVE Handbuch.
