Trademark Law
Dr Florian Schwab comments in WTR Daily.
Writing in the online edition of the World Trademark Review Daily on 2 December 2011, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab has commented on the decision by the European Court of Justice in the Buffalo Milke Automotive Polishing Products Inc. vs. Office for Harmonization in the Internal Market (OHIM) case. The decision deals with the question of right-preserving usage, a matter very relevant in practice and as yet treated with some irregularity in the case law of the European courts. Here, the case deals with requirements placed on usage documents submitted on appeal. www.worldtrademarkreview.com
02.12.2011
Dr Boddien describes the pitfalls of direct marketing in "Markenartikel" (06/2011).
Writing in the current edition of the specialist legal magazine "Markenartikel" (06/2011, page 48 et seq), BOEHMERT & BOEHMERT partner Dr Thomas W. Boddien describes everything "from cold calls to opt ins". In his article, Boddien explains which aspects entrepreneurs must pay attention to when pursuing direct marketing strategies and which advertising measures are prohibited without express consent from the recipient. Dr Boddien recommends having the legality of advertising measures checked in advance, in particular in relation to personal data. Consent from the recipient must be secured in advance. In Germany, cold calling is generally prohibited. Dr Boddien points out that consent for the call must be in position before the call. The same is true for direct advertising by fax, SMS/MMS or by e-mail. There is, however, an exception: Advertising e-mails to existing customers are permitted under certain conditions. Nevertheless, it is also advisable that companies have this checked by a lawyer prior to engaging in such activity. Dr Boddien is active in the field of protection of industrial property rights and specialises in copyright, competition and trademark law. He also provides advice on data protection issues. The "Markenartikel" is a specialist magazine for trademarks and is published by the Markenverband in Berlin.
06.06.2011
Dr F. Schwab in WTR Daily: "General Court Confirms Strict Approach to Time-Limits to Prove Genuine Use".
In the online edition of the World Trademark Review Daily (WTR Daily) from 29 March 2011, BOEHMERT & BOEHMERT partner Dr Florian Schwab discusses the decision in Efemy's Holding GmbH v. OHIM, Case T-50/09 of the European Court of Justice (ECJ). Of interest to trade mark lawyers are the statements of the ECJ on the formal requirements for proof of genuine use in the opposition proceedings. The German company Efemy's Holding GmbH responded to the objection of non-use, in keeping with the time limit, by stating that it would submit a fax consisting of 200 pages of usage documentation. The usage documentation was then received by the Office for Harmonisation after expiry of the time limit. Dr Schwab regularly comments in this newspaper. www.worldtrademarkreview.com
06.04.2011
"China Intellectual Property Magazine" with article by Prof Goddar and Dr Haarmann.
BOEHMERT & BOEHMERT partner Prof Dr Heinz Goddar and Dr Carl-Richard Haarmann recently published an article in the 11/12-2010 edition of the much respected Chinese specialist newspaper "China Intellectural Property Magazine". The article entitled "The defence against unjustified attacks based on IPR on the opportunity of trade fairs and exhibitions in Germany" looks at the risks faced by exhibitors committing infringement of industrial property rights in trade fairs taking place in Germany. The authors also explain which strategies can be employed to avoid these risks. The article is available in English at: http://www.chinaipmagazine.com/en/journal-show.asp?id=651
or as pdf here:
07.02.2011
“CHROMA” - Dr. F. Schwab in World Trademark Review Daily.
The online edition of the World Trademark Review Daily of 21.01.2011 includes an article by BOEHMERT & BOEHMERT partner Dr. Florian Schwab. The short contribution entitled “Transliteration of Greek word for ‘colour’ held to be descriptive” deals with the ruling handed down by a court of first instance of the European Communities on 16th December 2010, in which the transliteration of ‘chroma’ was rejected as a marker for sanitary fittings on the grounds that it was purely descriptive. Dr. Schwab is a long-standing and regular contributor on www.worldtrademarkreview.com .
25.01.2011
Dr. F. Schwab in World Trademark Review Daily
BOEHMERT & BOEHMERT partner Dr. Florian Schwab, discussed the remarkable judgment, in terms of trademark law, of the Federal Supreme Court of 19.11.2009 in the matter of “MIXI” in the online edition of the World Trademark Review Daily of 29.10.2010. The case concerned the independent distinctive role of a composite mark. Dr. Schwab has been a regular contributor to the magazine for many years. www.worldtrademarkreview.com.
03.11.2010
World Trademark Review Daily with article by Dr. F. Schwab
In the 30.7.2010 online edition of the World Trademark Review Daily BOEHMERT & BOEHMERT partner Dr. Florian Schwab discussed the ruling of the European Court of Justice in the case of Grain Millers Inc. vs. OHIM concerning proof of use of a company name as part of opposition proceedings. Dr. Schwab is a long-time contributor of regular articles to the journal. www.worldtrademarkreview.com
09.08.2010
Commemorative Publication "Over-protection through IP?" with contribution by BOEHMERT & BOEHMERT author.
In honour of the 10-year anniversary of the degree course "International Studies in Intellectual Property" supported by the Stifterverband für die Deutsche Wissenschaft, a new publication entitled "Over-protection through IP?" has appeared. The publication looks at various areas of copyright, trademark, competition and patent law where protection is perhaps excessive. BOEHMERT & BOEHMERT partner Dr Rudolf T Böckenholt, graduate of this course of study, put together the contribution "Excessive protection in rules of court – the damage claims under § 945 ZPO on enforcement of interim injunction for trademarks void under § 50 MarkenG" The publication is part of the collection "Essays on Intellectual Property and Competition Law" (Vol. 20) which is available, inter alia, from Nomos:
http://www.nomos-shop.de/productview.aspx?product=11096&toc=85.
31.03.2009
“ECTA-flash” with Contribution from BOEHMERT & BOEHMERT Partner.
In his paper in the online magazine “ECTA-flash” (15/2008), BOEHMERT & BOEHMERT partner Dr. Florian Schwab reports on the implementation of the Enforcement Directive in Germany. This directive entails substantial changes in the procedure for enforcing intellectual property rights. The background to this is the harmonization of the national provisions of the EU member states. The ECTA edition of the European Communities Trademark Association (ECTA) can now be downloaded here:
Wettbewerbs- und Markenrecht, Nomos 2004 (ISBN 3-8329-0919-2). (Unfair Competition and Trademark Law) The 10th edition of this definitive work on unfair competition and trademark law, written by our partners Prof. Dr. Wilhelm Nordemann, Prof. Dr. Axel Nordemann und Prof. Dr. Jan Bernd Nordemann, was released in October 2004. The new edition takes into account all implications of the reforms of the Act Against Unfair Competition (UWG) which recently came into effect. In addition, the book contains model templates for written letters of warning, protective letters, claims for relief and written submissions as well as other useful professional work aids for legal practice.
You can find material on the 10th edition and the Amendment to the Act Against Unfair Competition here…
