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Court of Justice of the European Union: registrable European Union trademark “Neuschwanstein”

Court of Justice of the European Union, Judgment of September 06, 2018 – C-488/16 P The Court of Justice of the European Union (CJ) joins the General Court (GC) and the European Union Intellectual Property Office (EUIPO - nullity division) in their prior instance decisions and rul...mehr

Federal Supreme Court confirms: “digestible” beer is an inadmissible advertising statement for beer with a content of more than 1.2 volume percent alcohol

The 1. Civil Senate of the Federal Supreme Court, which is, among others, responsible for competition law, confirmed with its decision of May 17, 2018, (Ref.: I ZR 252/16) the prior instance decisions of the Higher Regional Court of Stuttgart (appeal decision of November 03, 2016; Ref.: 2 U 37/16) and Regional Court of Ravensburg (decision of August 25, 2015; Ref.:...mehr

Trademarks and designs if there’s no Brexit deal?

What happens if the United Kingdom (UK) and the European Union (EU) do not find a suitable deal by March 2019? The UK Government has now prepared solutions regarding trademarks and designs in case of a ‘no deal’ outcome before March 29, 2019. Following regulations will apply for registered European Union trademarks (E...mehr

Federal Court of Justice (BGH) for the motivation of the usage of the general knowledge of the person skilled in the art – Kinderbett

According to the current ruling of the Federal Court of Justice (BGH) of March 27, 2018, "Kinderbett", the general knowledge of the person skilled in the art can only be used as an incentive, if it is readily apparent to the person skilled in the art that a technical starting point exists in which the use of the solvent in question is purposively (see BGH, judgment of 27/0...mehr

Louboutins and the red shoe sole – coloured position trademark?

On 12 June 2018, the European Court of Justice delivered the following judgment in Case C-163/16 Christian Louboutin and Christian Louboutin SAS v Van Haren Schoenen BV A mark consisting of a colour applied to the sole of a shoe is not covered by the prohibition of the registration of shapes. Such a mark...mehr

Brexit and Intellectual Property rights

The EU Commission and the United Kingdom have agreed on a transition period which is intended to begin on March 29, 2019 until December 31, 2020. While the UK will remain a member of the EU during this time, both parties have now presented further details of negotiated and partly already accepted regulations for the time after the transition period....mehr

ECTA MUNICH ®ETREAT

The ECTA MUNICH ®ETREAT Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" was successfully organised by Müller Schupfner & Partner at the German Patent and Trademark Office on March 19, 2018. More than 70 participants enjoyed two high-profile talks, followed by a drinks reception sponsored by Müller Schupfner &a...mehr

Federal Court of Justice suspends the deletion of two three-dimensional square packaging trademarks for chocolate bars of the chocolate manufacturer “Ritter Sport”

With the recently published decisions of October 18, 2017 (I ZB 105/16 and I ZB 106/16), the Federal Court of Justice (BGH) annulled the deletion of two three-dimensional square packaging trademarks for chocolate bars from the chocolate manufacturer "Ritter Sport" ordered by the Federal Patent Court (BPatG), thereby strengthening three-dimensional trademarks....mehr

Müller Schupfner & Partner organizes and moderates the ECTA MUNICH ®ETREAT

Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" on March 19, 2018, 4:30 p.m. to 7:00 p.m. at the German Patent and Trademark Office Forum in Munich...mehr

JUVE Handbook Commercial Law Firms 2020/2021: Müller Schupfer & Partner among the recommended law firms for trademark and design law

UVE Verlag für juristische Information [publishing house for judicial information] ranks Müller Schupfer & Partner among the recommended law firms for trademark and design law in Germany. In the current edition of the „JUVE Handbuch Wirtschaftskanzleien“ ["JUVE Handbook of Commercial Law Firms...mehr