IP-NEWS

Successful Preliminary Injunction in Trademark Infringement Case

Hamburg Regional Court confirms Likelihood of Confusion between AIRSHOW and AIRFLOW Munich, March 2026 – Müller Schupfner & Partner has successfully obtained a preliminary injunction against a competitor’s use of the sign "AIRSHOW". At the firm’s request, the Hamburg Regional...mehr

UPC long-arm jurisdiction

Another important signal from the Unified Patent Court, Local Divison Hamburg, on UPC long-arm jurisdiction: The Court appears willing to use Brussels Ia quite ambitiously — but not without limits. The interesting part is the treatment of Article 8 Brussels Ia....mehr

Procedural language in UPC proceedings

In a landmark ruling (UPC-COA-903/2025), the Unified Patent Court’s Court of Appeal has reinforced the critical role of procedural language in patent litigation, confirming that **fairness** is the guiding principle when deciding whether to switch to the language of the patent. The Court upheld a shift from German to...mehr

EPO Decision G 1/24: Description and Drawings Always Relevant for Claim Interpretation

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued its long-awaited decision in G 1/24, confirming a key principle of European patent law: The description and drawings must always be considered when interpreting patent claims – not only in cases of ambiguity....mehr

BGH decision on copyright protection for design products: High hurdles for works of applied art

The decision of the BGH (Bundesgerichtshof; German Federal Court of Justice) of 20 February 2025 (Ref. I ZR 16/24; I ZR 17/24; I ZR 18/24) concerns the copyright protection of Birkenstock brand sandals and provides an important clarification of the requirements of Section 2 (1) No. 4, (2) UrhG with regard to works of applied art....mehr

Launch of the new Court of Arbitration at the DIHK – Efficient conflict resolution for companies

With the start of the work of the Court of Arbitration (SGH) of the German Chamber of Industry and Commerce (DIHK) in December 2024, companies will have a new opportunity to resolve commercial conflicts quickly, safely and efficiently. The SGH offers tailor-made arbitration and mediation processes that can serve as an alternative to lengthy and cost-intensive court proceed...mehr

Lego may defend the design protection of a building block before the General Court

In the judgement of 24.01.2024, ref. T-537/22 of the European Court of Justice in the dispute over the design of a Lego building block, the validity of the Community design of a Lego building block was confirmed. The rival company Delta Sports had already tried uns...mehr

New ECTA Patent Committee: mission, vision, and destiny

The European Communities Trademark Association (ECTA) has established a Patent Committee, which is a surprising move since its traditional focus on trademarks. However, considering ECTA's evolution into various intellectual property (IP) fields over the years, including geographical indications, designs, copyright, and others, and the internationalization...mehr

A dynamic and exciting area of IP law: #patents.

We are pleased to announce that ECTA (European Communities Trademark Association), an association with a long history in various aspects of IPR, is embarking on this important issue of the intellectual property law. Today, ECTA's Board of Supervisors officially gave the go-ahead for the establishment of a Patent Committe...mehr

Black Friday” trademark must be cancelled

The word mark "Black Friday" must be deleted from the register of the German Patent and Trade Mark Office. This was decided by the Federal Court of Justice in the last instance, as reported by plaintiff Simon Gall, who operates the website "blackfriday.de". Previously, the Kammergericht Berlin (KG) had already ordered the deletion due to an invalidity of the trademark .Acc...mehr