Maiwald blog articles
FCJ (Federal Court of Justice): Current decisions on cease-and-desist declarations according to “Hamburger Brauch” – Part 2
In its judgment of 1 December 2022 (Case No. I ZR 144/21), the FCJ clarified firstly that the delivery of a cease-and-desist declaration with penalty clause c...
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FCJ: Current decisions on the cease-and-desist declaration according to “Hamburger Brauch” (“Hamburg custom”) – Part 1
In its ruling of October 27, 2022 (Case No. I ZR 141/21), the German Federal Court of Justice (FCJ) made it clear that the regular limitation period in a clai...
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Smack for Amazon (Judgement of the court (Grand Chamber) of December 22, 2022)
see JUDGMENT...
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New unitary patent or classical bundle patent? Use the cost simulator on our website!
In all probability, the Unitary Patent System will kick off on 1 June 2023. Applicants of European patents which will be granted on or after that date, thus, have two options....
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No use as trademark in a company’s own customer loyalty system
According to a decision of the OLG Nuremberg, the use of a sign for a company’s own customer loyalty system does not constitute use as a trademark, unlike in the cas...
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Parallel import of pharmaceuticals: ECJ strengthens rights of trademark owners
On 17 November 2022, the ECJ in its cases C-253/20 and C-254/20 [1] addressed the question of whether and under what conditions a parallel importer may import and market under...
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