Maiwald Blog

Maiwald blog articles

Free Offers of Medical Products – No Violation of the Prohibition on Promotional Gifts Under Section 7(1) Hwg When the Purchase Price Is Reimbursed in Full

In the case at issue, the plaintiff, based on Sections 8, 3, 3a of the German Law Against Unfair Competition (UWG) in conjunction with Section 7(1) Nr. 1 of the German...

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No Likelihood of Confusion Despite Gnashing of Teeth

In another decision, the German Federal Patent Court has sharpened the requirements for the assumption of similarity of signs if the signs only match in descriptive elements (...

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Interest in Legal Protection for a Nullity Action – Part 5

The German Federal Patent Court (BPatG) denies the need for legal protection for a (retroactive) partial declaration of invalidity after expiry of the patent protection (BPatG...

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Russia Allows Use of Other People’s Intellectual Property

The Russian government allows domestic companies and individuals to infringe the intellectual property of companies from "unfriendly countries" - whether protected by a patent...

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Likelihood of Confusion in a Different Way – Haferghurt and OATGURT

The Federal Patent Court has confirmed that there can be a likelihood of confusion even if the signs are obviously different, but the consumer nevertheless assigns bot...

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Illuminating Judgment – Protectability of Designs for Mirrors With Luminous Edge

In a judgment from June 2021, the OLG Frankfurt a.M. has given important guidance on the scope of protection of designs consisting of black and white line drawings (OLG Frankf...

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