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Welcome to goodwillprotect.com

The brand blog for managers

Important German and European court rulings in a nutshell

Revocation of a brand for a product shape – GARDENA

A particularly attractive opportunity, economically, in terms of trademark law is the registration of a trade mark for a product shape. This was precisely the basis of protection for the well-known Gardena hose syringes and their particular coloured shape. However, over the course of time Gardena had changed the colours of this trademarked product. Was that damaging?
  • Read more about Revocation of a brand for a product shape – GARDENA

Trade mark protection for creative product – Rubik’s Cube

Have you registered the shape of a technically sophisticated product, such as the Rubik’s Cube, as a trade mark? Then check again whether the trade mark is really protectable.
  • Read more about Trade mark protection for creative product – Rubik’s Cube

Trademark protection for design product – Gömböc

Your product has an extraordinary design and a special technical function. The Gömbök is such a product. Is trade mark protection for such products easy to achieve?
  • Read more about Trademark protection for design product – Gömböc

Trade mark for patented product – Global Yoshikin

In addition to time-limited patent protection, can indefinite trade mark protection be sought for the product shape of the Global Yoshikin knives?
  • Read more about Trade mark for patented product – Global Yoshikin

Brand for ordinary product shape – Coca-Cola

Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?
  • Read more about Brand for ordinary product shape – Coca-Cola

Bottle shape as a brand – Coca-Cola

A variation of the famous protected Coca-Cola bottle was registered as a three-dimensional trade mark. Why was it possible for this shape of product be protected as a trade mark?
  • Read more about Bottle shape as a brand – Coca-Cola

Trade mark infringement by online marketplace – Amazon

Trade mark infringement by online marketplace – Amazon. Can an online marketplace be liable for trade mark infringement because it has stocked and also shipped a seller’s infringing goods?
  • Read more about Trade mark infringement by online marketplace – Amazon

Biased rankings through rating portal – yelp

On yelp’s rating portal, users are able to rate and review any company they wish to. Even if 90% of users have given your business a positive rating, yelp may still display a poor score. Rightly so?
  • Read more about Biased rankings through rating portal – yelp

Purchase of a counterfeit product from China - ROLEX

You’ve bought a cheap watch on an online sales website from Turkey or China as a private consumer – but what do you do if you paid for it and you are asked to consent to the destruction of the watch without any compensation?
  • Read more about Purchase of a counterfeit product from China - ROLEX

Brand protection for a test seal – ÖKO-TEST

The ÖKO-TEST seal [ECO-TEST] is protected as an individual trade mark. One manufacturer used the seal without such a licence. The protection of individual trade marks has its limitations when it comes to test seals.
  • Read more about Brand protection for a test seal – ÖKO-TEST

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Prof. Dr. Paul Lange

Prof. Dr. Paul Lange, attorney-at-law,

is senior partner of the renowned intellectual property firm Siebeke Lange Wilbert, attorneys-at-law, in Düsseldorf. As a lawyer, he has been advising companies on German and international trade mark law for 30 years, in particular on the development and protection of their trade mark portfolios, goodwill and market appearance. He applies for trade marks worldwide, drafts contracts, and conducts negotiations and sometimes spectacular litigation worldwide to defend his clients’ trade marks. Prof. Dr. Lange is the author of the standard work for practitioners Marken- und Kennzeichenrecht, Handbuch zum deutschen und europäischen Recht (Trade Mark and Sign Protection, Handbook of German and European Law), published by C.H. Beck and extending to 2,000 pages, as well as author and editor of the handbook Internationales Handbuch des Marken- und Kennzeichenrechts (International Handbook of Trade Mark and Sign Protection). You can contact the author and his law firm via the website www.siebeke.com.

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