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ERLBURG.Blog
05/12/2022

Street artist BANKSY secures trademark victory at EUIPO

British street artist BANKSY has gained a major success before the Boards of Appeals of EUIPO (European Union Intellectual Property Office) regarding his well-known image of a monkey. A greeting card company had filed a request for cancellation. The Fifth Board of Appeal held that the trademark, registered by BANKSY’s authenticating body Pest Control Office […]

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ERLBURG.Blog
14/11/2022

Green Branding vs. Greenwashing

Sustainability has evolved from a niche topic into a mandatory parameter for companies to stay up with the competition. Green advertising can now be found everywhere, for example as an organic label on products, through advertising that emphasizes sustainable production or packaging, or simply through graphic associations with the topic of sustainability. However, critical voices […]

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ERLBURG.Blog
13/10/2022

Fighting Piracy via Website Blocking?

The internet is a natural environment for unlawful trade to flourish. While there are several ways to tackle Piracy, many of these have been proven to be ineffective or expensive. Even if a persistent plaintiff manages to block unlawful content, it can easily resurface – sometimes under an almost identical domain name or using a […]

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ERLBURG.Blog
02/09/2022

Online rating portals: BGH strengthens legal position of rated companies

Companies are increasingly confronted with negative comments on rating portals, where it is unclear whether the rating is really based on real customer experiences. This applies in particular to anonymous ratings that do not allow any conclusions to be drawn about the actual use of the product or service by the reviewers. The German Federal […]

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ERLBURG.Blog
14/03/2022

CJEU: Burden of proof in non-use revocation proceedings

The Court of Justice of the European Union (‘CJEU’) has issued a decision that clarifies the allocation of the burden of proof in trademark revocation proceedings in EU Member States. The Tenth Chamber ruled that national non-use cancellation proceedings must follow EU provisions. Thus, the burden of proof for genuine use rests on the proprietor […]

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ERLBURG.Blog
10/05/2021

Community design for interlocking bricks remains registered

The General Court of the European Union has ruled that a Community design registered by Lego for building blocks from a toy building set in 2010 remains registered (judgment of 24/03/2021, Case T-515/19). With its judgment, the General Court overruled a prior decision of the Boards of Appeal of EUIPO. Lego is the proprietor of […]

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ERLBURG.Blog
09/04/2021

Brand Protection for Slogans?

Slogans enjoy a solid position within the advertising landscape. The economic value of a slogan can rise into spheres which are usually only achieved by well-known brands. The significance is further underlined by regular press reports on legal disputes which arise out of use of slogans. It is therefore evident that product managers have an […]

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ERLBURG.Blog
23/02/2021

Protected Geographical Indications: Germany’s highest civil court rules on Black Forest Ham

The highest German civil court – the Federal Supreme Court of Germany (BGH) – has ruled that Schwarzwälder Schinken (“Black Forest Ham”) may be sliced and packaged outside the Black Forest without losing the right to use the according protected geographical indication (judgment of 3/09/2020, file number: I ZB 72/19). The long-standing packaging dispute started […]

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ERLBURG.Blog
10/01/2021

Germany: Amended rules to Unfair Competition Law

Substantial amendments of the “Gesetz gegen den unlauteren Wettbewerb” (short “UWG”) – the German codification of the laws of unfair competition – entered into force in December 2020. The modifications are meant to strengthen fair competition and to prevent so-called abusive warning letters. The changes relate in particular to the locus standi, the requirements for […]

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ERLBURG.Blog
27/11/2020

UPDATE: Trademarks & Designs after BREXIT

After the UK left the EU both parties agreed on a withdrawal agreement which comprised an interim phase. This BREXIT transition period excluded changes to European Union Trademarks (EUTMs) and Registered Community Designs (RCDs). It will come to an end on 31 December 2020 and IP rights owners have to get prepared for changes which […]

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ERLBURG.Blog
11/05/2020

.shop, .vip, .online: New generic Top Level Domains (new gTLDs) on the rise

Back in 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed on the stepwise introduction of new generic Top Level Domains (new gTLDs). Around 1.180 new domain names such as .blog, .music, .museum and .luxury have become available for registration of second level domains since then and their importance is growing. In April […]

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ERLBURG.Blog
30/03/2020

Trademarks & Designs: Corona-Update on proceedings before Trademark Offices

The corona crisis is also affecting proceedings before Trademark Offices. Below we summarize the relevant updates regarding pending deadlines for proceedings before the German Trademark and Patent Office (DPMA), the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO): Which implications has COVID-19 with regards to deadlines set by the Office […]

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ERLBURG.Blog
10/03/2020

eBook piracy on the rise

For a long time online piracy has been associated with music, movies and software. But the popularity of e-readers has also led to a growing eBook and ePaper piracy trend. This is seen as a major hindrance to further growth of digital sales and there is not yet a consistent approach to fighting it. It […]

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ERLBURG.Blog
05/03/2020

The Power of Green Branding

Brand owners have been focusing on sustainability for some years and the topic has gained further importance in the last months. New trademarks are therefore developed, existing amended and companies also look for completely new ways of legal protection. One may think of the registration of ordinary trademarks, eco-labels or the use of certification marks. […]

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ERLBURG.Blog
01/03/2020

BREXIT: Implications on trademarks & designs

31 January 2020 marked the UK’s departure from the European Union. Based on the withdrawal agreement reached between the EU and the UK, there will be a transitional period until 31 December 2020 for which EU law remains applicable to and in the UK. Brexit-related changes regarding trademarks and designs will therefore only enter into […]

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