Gesellschaft, Politik und Recht

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Jun
15

Prohibited advertising for homeopathic medicinal products featuring promise of success

Prohibited advertising for homeopathic medicinal products featuring promise of success The Oberlandesgericht (OLG) München [Higher Regional Court of Munich] has ruled that promoting a homeopathic medicinal product with a promise of success is prohibited and a violation of competition law. For a homeopathic medicinal product to be approved, it is not necessary for its effectiveness … Weiterlesen »

Jun
14

OLG Frankfurt on misleading food advertising

OLG Frankfurt on misleading food advertising Foods are not allowed to give consumers false impressions concerning their ingredients. That being said, not every ambiguity is automatically considered to be misleading to consumers. Consumers are not allowed to be misled regarding a food”s ingredients. That was the verdict of the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, … Weiterlesen »

Jun
12

Technical function not enough for trademark protection

Technical function not enough for trademark protection According to trademark law, it is not possible to register marks as trademarks if they consist exclusively of a shape that is necessary to obtain a technical result. Coffee capsules can be purchased in every supermarket, but not all coffee capsules are created equally. Only one provider was … Weiterlesen »

Jun
08

GRP Rainer Rechtsanwälte – Taking out D&O insurance

GRP Rainer Rechtsanwälte – Taking out D&O insurance Taking out a D&O insurance policy for a company”s executive bodies is a crucial step to reducing the risk of personal liability. Managing directors, executive and supervisory boards as well as other executive bodies within a company are subject to a significant risk of liability. Mere negligence … Weiterlesen »

Jun
05

GRP Rainer Rechtsanwälte – Experience in directors” liability cases

GRP Rainer Rechtsanwälte – Experience in directors” liability cases Managing directors of a GmbH, a type of German private limited company, may be liable in the event of insolvency. A common bone of contention is the matter of payments made by the managing director after the onset of insolvency. We at the commercial law firm … Weiterlesen »

Mai
28

GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament

GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament Spouses frequently draft a Berliner Testament, literally a “Berlin will”, by mutually appointed each other as sole heirs. Before doing so, it ought to be examined whether a Berliner Testament is the most appropriate form. There are a number of advantages to a Berliner Testament for … Weiterlesen »

Mai
25

EGC – Stringent requirements for colour combinations as trademarks

EGC – Stringent requirements for colour combinations as trademarks Combinations of two or more colours need to be precisely defined for them to be capable of being registered as a colour trademark. That was the verdict of the General Court of the European Union (EGC) (Az.: T 101/15). A producer of energy drinks was dealt … Weiterlesen »

Mai
22

General Data Protection Regulation (GDPR) must be implemented by May 25, 2018

General Data Protection Regulation (GDPR) must be implemented by May 25, 2018 Businesses need to keep May 25, 2018 in mind. This is the day when the EU General Data Protection Regulation, GDPR for short, officially comes into force. Following a two-year transitional period, the GDPR will come into full force and effect on May … Weiterlesen »

Mai
18

CJEU on protected designations of origin

CJEU on protected designations of origin As in the case of brands, geographical designations of origin can be protected as well. It is therefore also possible for advertising featuring references to origin to be misleading to consumers and thus impermissible. Brands and geographical designations of origin are of great value to businesses. They give rise … Weiterlesen »

Mai
14

Antitrust law – DFB simplifies ticket allocation for 2018 World Cup

Antitrust law – DFB simplifies ticket allocation for 2018 World Cup The way in which it has allocated tickets has led the DFB, Germany”s Football Association, to be suspected of abusing its dominant market position. The Bundeskartellamt, Germany”s Federal Cartel Office, has since suspended its investigations into the matter. A lot of fans of the … Weiterlesen »

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