Our areas of law
Trademark law | design law | competition law | copyright law | protection of reputation
Overview of our areas of law
We are a highly specialized law firm in the field of intellectual property law. This includes the Trademark lawthat Design law and the Competition law. We also focus on copyright law and defend you against defamation, slander and bad reviews.
Areas of law in detail
Below we explain our typical activities in the areas of law mentioned. In addition, you will find detailed pages on the areas of law via our menu or via the respective sub-items.
How we can help you with trademark law
Brands are an indispensable Tools in competition. They secure the value of your services and are an asset that should not be underestimated.
Many of our clients underestimate this: it is not uncommon for products that have been marketed for years under a certain name or other brand to suddenly have to be withdrawn from the market because a Competitor Years later, a corresponding Trademark applied for has. The sometimes immense Costs of the warning are just an expensive drop in the ocean.
We provide you with comprehensive advice on Brand management and with the Attachment and Administration of an ideal Property rights portfolios.
The legal examination is quite simple if exactly the same trademark is used for exactly the same product. But what if a similar sign for a similar product is used? What if the name of a product is the same as the name of a company?
We represent both Trademark owner as well as Warned party in all Trademark disputes.
"The trademark secures an exclusive right for its owner. This means that the trademark owner can exclude third parties from using it."
We issue warning letters for trademark infringements and defend against warnings against you in the best possible way. We demand appropriate Declarations to cease and desist and, if necessary, enter a Modified cease-and-desist declaration that only reach as far as they absolutely have to.
If the infringer persistently refuses, we will obtain interim injunctions. We have applied for, received, collected and served interim injunctions on the opponent at fast courts in less than 48 hours. However, you should usually allow about one week. On the side of the alleged infringer, we have often succeeded in having the preliminary injunction lifted or at least ensured that the applicant had to bear the costs.
Proceedings on the merits
Of course we are also in the Legal action here for you. This is the right place if you want to talk about the Injunctive relief also Information, Compensation for damages and Legal costs must be sued for or interim injunctions are no longer an option due to a lack of urgency or other procedural reasons.
Contractual penalties
Also in the assertion of or defense against Contractual penalty claims you can rely on us. We are familiar with case law and know the limits of contractual penalties and how to defend against them.
Designs (formerly: Design patent) are the tools of the trade of Creative. And designs protect much more than most people think.
One design protects the aesthetic appearance of a product, if the design Novelty and Characteristic has. It is therefore not important how a product works, but only how it looks.
Design applications are extremely favorable. A design with protection for the Federal Republic of Germany can already be from 6,00 € (official fees).
A design spares its rights holder the uncertainty of whether the court will regard his creation as a "work" within the meaning of copyright law and whether a "certain level of creation" has been reached.
But even if you have not registered a design, you may not be unprotected:
In accordance with Art. 1 (2a) CDR, a unregistered communityIndustrial design in any case for a period of three years from publication protected.
We provide you with comprehensive advice on Legal enforcement of your creative services and with the Attachment and Administration of an ideal Property rights portfolios.
The registered design grants its right holder the exclusive right to use it and to prohibit third parties from using it without his consent. Use includes, in particular, the manufacture, offering for sale, placing on the market, import, export, use (...) and possession of such a product for the aforementioned purposes.
If a Third parties Your registered or unregistered design, you can have this prohibited.
Conversely, the owner of another design can of course prohibit you from using its design.
The utmost care must be taken when checking for design infringements and plagiarism. This is how the registered design only exactly what registered and recognizable is. Nothing may be added that is not visible in the design application.
The Unregistered Community designs on the other hand, only protects overall designs, but not details according to recent case law.
In both cases, the benchmark is that the Imitation for the "informed user" no other overall impression makes. Here you need an expert who knows the almost infinite number of judgments and can assess when this is the case.
We represent both Design owner as well as Warned party in all Design and design patent disputes.
Competition law
Competition is fun when it's fair. We are happy to help!
The Competition law regulates the Ratio of competitors among themselves. Essentially, competition law therefore protects on the one hand Consumers and on the other hand the Competitors among themselves
The Unfair Competition Act (UWG) serves to protect competitors, consumers and other market participants from unfair business practices. It also protects the public interest in undistorted competition.
Case law recognizes in numerous standards of the Civil lawthe public law and the Criminal law so-called Market conduct rules. These are all Laws and Regulationswhich, in any case, is also Protection of third parties serve.
This is the idea behind the numerous warnings due to incorrect GTC or Cancellation policy. These are intended to inform consumers of their rights. However, anyone who specifies statutory deadlines that are too short or curtails mandatory consumer protection rights prevents consumers from exercising these rights.
He therefore harms the consumer. However, he also harms the competitor, who suffers a disadvantage compared to him because he behaves with integrity. For this reason, the "honest person" can demand that his competitor also adheres to the Rules of the game - the Market conduct rules - to hold.
However, the law against unfair competition also recognizes a number of forms of Protection of competitors among themselves.
§ 4 UWG
Section 4 UWG sets out various facts relating to the Damage to reputation are listed. These include the
- Demeaning the Goods or services of the competitor, the
- Demeaning of the Competitor itself,
- Offer from Plagiarism and Imitations (if not already covered by Trademark law or design right) or the
- targeted disability.
§ Section 4a UWG
§ Section 4a UWG protects not only consumers but also market participants from aggressive actions of companies and entrepreneurs.
§ Section 5 UWG and Section 5a UWG
Sections 5, 5a UWG protect consumers and market participants from misleading actionsthat are suitable for causing the third party to business decision that he might otherwise not have met.
§ 6 UWG
§ Section 6 UWG standardizes prohibitions for comparative advertising in certain cases. In principle, however, comparative advertising is allowedif it is done correctly.
§ 7 UWG
§ Section 7 UWG standardizes some Prohibitions of the harassing advertisingfor example through Spam. Even more interesting for many of our clients: § Section 7 UWG also provides a model solution for how to reach customers directly without obtaining extensive consent.
We provide you with comprehensive advice on legally compliant behavior in competitionhelp with the design of a legally compliant website or check your advertising for competition law infringements.
We are a highly specialized law firm in the field of intellectual property law
We as Law firm specializing in intellectual property law see ourselves as Protectors of fair competition.
On Mass warnings we have no desire. We are not available for dubious general merchants who hope to earn more money with warning letters than with their core business. However, we can recommend a few "colleagues" over a beer or two.
If your Competitor, Competitor or Market companion However, you actually interferes with your developmentwe are happy to stand loyally by your side.
If you warned we are there for you. With justified accusations we help with the Correction of the grievance and in finding the best possible favorable solution. With unjustified warnings we help the Warning lawyers on the other side.
We represent both Warning letter as well as Warned party in all Competition disputes.
Copyright
Copyright is the right of artists, writers, musicians and photographers.
Our services in copyright law
Besides Designs (alias design patents) are Copyrights and Licenses This is the capital of the creative society. Copyright is an outgrowth of the Personal rights and protects the "soul" of the genius in addition to the value of the creative achievement.
A design protects Works of literature, science and art. Works are intellectual creations. This means that works must have a certain inherent creative power. Among lawyers, one speaks of Height of creation.
Copyrights arise "by themselves". You do not have to (and cannot) register them. Nor do they arise through the insertion of a "R in a circle", a watermark or a Disclaimers.
It is not always easy to assess when a creative achievement has the quality of a work. It reflects the cross-section of thousands of court decisions and sometimes the concept of a work changes.
We provide you with comprehensive advice on Legal enforcement of your creative services and copyrights.
§ Section 15 UrhG
(1) The author shall have the exclusive right to exploit his work in physical form; the right shall include in particular
1. the Duplicationright,
2. the Distributionright,
3. the Exhibitionright.
(2) The author shall also have the exclusive right to communicate his work to the public in an incorporeal form (right of communication to the public). The right of communication to the public includes in particular
1. the Lecture, Performance and Right of presentation,
2. the right of making available to the public,
3. the Broadcasting rights,
4. the right of Reproduction by image or sound carrier,
5. the right of reproduction of radio broadcasts and of making available to the public.
Copyright superheroes: photographers
Copyright law is particularly good at protecting the Photographers. In addition to the right of the creator, he also has a so-called Ancillary copyright.
This right, which is somewhat alien to the system, protects the pure achievement of creating a "photograph" from a small apparatus. Section 72 (1) UrhG states:
Photographs and products similar to photographs shall be protected by applying the provisions of Part 1 applicable to photographic works mutatis mutandis.
This means that Photographers in contrast to (almost) all other creative professionals assert their rights practically carefree without having to worry that their judge "won't like" the picture or that it isn't creative enough. It simply doesn't matter.
This may not be particularly satisfying from a legal point of view, but it is a great asset for photographers.
We represent a number of photographers and have already been able to help one or two of them to earn a very decent extra income.
Are you unsure? Give us a call or write to us and talk to us without obligation about your Picture thieves. We will be happy to break down your opportunities and risks in detail!
Debt collection
Bad debts are annoying. No reason to tolerate them.
Collection services and debt collection
Lawyers specializing in intellectual property law are specialists in civil law. And because we are also experts in civil law, we are happy to take on the Debt collection for corporate clients.
Good legal debt collection can hardly be compared with the procedures of debt collection service providers. While debt collection service providers prefer strictly automated working methods, we look after you individually and can take the Debt collection process through to legal action from a single source supervise.
Our collection clients often save hard cash:
Debt collection service providers cannot represent you before the ordinary courts. You will then have to go to a lawyer, who will demand the (usually the same) fees as the debt collection service provider again, without the debtor having to reimburse them.
We support you from invoicing and reminders to legal demand letters, default summonses, legal action and enforcement proceedings.
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