Unfair Competition Law
January 2012: “Nordemann: Wettbewerbsrecht – Markenrecht” (Competition and Trademark Law) 11th edition now released.
At the beginning of 2012 the 11th edition of the renowned standard work and text book “Nordemann: Wettbewerbsrecht – Markenrecht” (Competition and Trademark Law) was released. BOEHMERT & BOEHMERT partners Prof. Dr. Axel Nordemann, Prof. Dr. Jan Bernd Nordemann and Dr. Anke Nordemann-Schiffel are the book’s authors. The book, now considered a “classic” was first created in 1971 by Prof. Dr. Wilhelm Nordemann. It offers a rapid and yet thorough orientation in competition law. The directive “Unfair Business Practices” and the resulting UWG-amendment (Unfair Practices Act Amendment) of 2008 are discussed comprehensively. The trademark section explains German and EU law thoroughly as well as international trademarks. The text also contains sample forms for warning notices, caveats, and writs of summons as well as other items to aid and simplify legal activity. Nordemann: “Wettbewerbsrecht – Markenrecht”, 2012. 930 S. ISBN: 978-3-8329-4172-7. Can be sourced from Nomos Publishers: http://www.nomos-shop.de/trefferListe.aspx?q=nordemann&action=search&page=0
22.01.2012
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
New commentary on the German Unfair Competition Act – Götting /Nordemann
A new commentary on the German Unfair Competition Act (Gesetz gegen unlauteren Wettbewerb (UWG)) has been published by Nomos. Reform of the UWG was intended to transpose provisions of the EU Directive on Unfair Commercial Practices into national law and has resulted in numerous amendments. The updated commentary takes account of these amendments and explains the new, central term of an "act of competition". The commentary also takes account of the Act against Inadmissible Telephone Marketing and for the Improvement of Consumer Protection in Special Forms of Distribution. The commentary is published by Prof Horst-Peter Götting and BOEHMERT & BOEHMERT partner Prof Axel Nordemann. Other participating authors were: Dr Volker Schmitz-Fohrmann, Dr Florian Schwab and Dr Marin Wirtz. The UWG commentary can be bought from www.nomos-shop.de.
15.12.2009
New Edition of Munich Lawyer's Manual on the Protection of Industrial Property with BOEHMERT & BOEHMERT authors
In the currently published revised and extended third edition 2009 of the reference work "Münchener Anwaltshandbuch Gewerblicher Rechtschutz", BOEHMERT & BOEHMERT partner Dr Rudolf T. Böchenholt composed the chapter "Camouflage of Advertising Measures". The new edition brings the work up to date with new legal development and takes into account the effects of the EU Enforcement Directive (2004/48/EC) and the Directive on Unfair Commercial Practices (2005/29/EC). The work is part of the series "Munich Lawyer's Manual" and can be purchased at: www.beck-shop.de/productview.aspx?product=23484
22.01.2009
Wettbewerbs- und Markenrecht, Nomos 2004 (ISBN 3-8329-0919-2). (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…
Praxishandbuch Geistiges Eigentum im Internet, C.H. Beck 2003, ISBN 3-406-49668-7). (Handbook of intellectual property on the internet) This handbook, co-released by our partner Dr. Christian Czychowski, was published in September 2003 by the publishing house, C.H. Beck. This work (1000 pages) covers all areas of intellectual property and the particular problems which arise in relation to the internet in practice. Our partner, Dr. Andreas Dustmann, wrote the chapter § 4 die rechtliche Stellung des Internetanbieters (the legal position of internet provider) und § 11 Wettbewerbsrecht (Unfair Competition Law).
Prof. Dr. Jan Bernd Nordemann published an article on, "Wegfall von Zugabeverordnung und Rabattgesetz - Erlaubt ist, was gefنllt?" (Disappearance of the law on bonuses and the Law governing discounts – Can you do as you please?) in NJW 2001, pp. 2505-2512. The article deals with the limits which could arise for free gifts with sales and for discounts even after the liberalisation, especially from an unfair competition or anti-trust perspective.
Together with Stefan Blum, Prof. Dr. Jan Bernd Nordemann published the article "Das endgültige Ende der Serienabmahnungen im Immobilienbereich?" (The end of serial warning letters in the field of real estate) in NZM 2002, pp. 148-153.
In the Berliner Anwaltsblatt, 2002, the article, "Ein neues Gefühl für die gefühlsbetonte Werbung" (A new feeling for marketing with feeling) appeared, written by our partner, Prof. Dr. Jan Bernd Nordemann, pp. 435-436.
