IP-News

This decision concerns the public perception in the context of the question of likelihood of confusion (sec. 14 para. 2 no. 2 German Trademark Act (MarkenG) / Art. 9 para. 2 lit. b CTMR (GMV)) and the limitations of sec. 23 no. 2 German Trademark Act / Art. 12 lit. b CTMR in cancellation proceedings (decision available in German, only).

The ECJ dismisses the complaints of Spain and Italy directed against the enhanced cooperation of the other Member States with regards to the Unitary patent. On 22 March 2013 Spain has filed two further compliants (C-146/13; C-147/13), dealing mainly with the language regime and the unitarty patent as such.

This decision regards the consent to advertising calls in the context of lotteries, sec. 305 et seq, sec. 309 German Civil Code (BGB); sec. 7 para. 2 no. 2 German Act of Unfair Competition (UWG) (decision available in German, only).

This decision concerns the enforcement of trademarks rights between competitors with the same name (decision available in German, only).

This decision deals with the obligation of parental supervision with respect to the infringement of copyrights by child of 13 years (decision available in German, only).

This decision regards the exchange of information according to sec. 101 German Copyright Act by usage of traffic data (para. 9 sent. 1) and the appeal according to sec. 62, 63 Act on Court Procedure in Family Matters and Non-litigous Matters (FamFG) (decision available in German, only).

This decision concerns the lack of binding effect of a decision regarding the protectability of a trademark within the application procedures in relation to a decision in cancellation proceedings (decision available in German, only).

This decision concerns the calculation of the preclusive period of ten years stipulated in sec. 50 para. 2 sent. 2 German Trademark Act (MarkenG) (decision available in German, only).

This decision deals with the referral if a court lacks regional jurisdiction; decision available in German, only.

This decision deals with sec. 8 para. 2 no. 1 German Trademark Act (MarkenG) (decision available in German, only).